The Right to Bilingual Parenting as a Child’s Right
On May 7, 2024, the Italian Supreme Court clarified the criteria governing the right to bilingual parenting for minor children, particularly in cases where the children are relocated a considerable distance from the father’s residence. This ruling emphasized the child’s right to maintain balanced and continuous relationships with both parents, in accordance with Article 337-ter of the Italian Civil Code. This article states that a minor has the right to receive care, education, and moral assistance from both parents and to maintain significant relationships with relatives from both sides.
The court determined that relocating three children several kilometers away from their father’s residence would significantly hinder the father’s ability to maintain contact, despite being granted visitation rights.
The case originated from a divorce proceeding in Naples, during which the mother sought permission to move with the children for work-related reasons. The Naples Court, without conducting an adequate inquiry, granted the relocation based solely on the mother’s job offer. The father challenged this decision, arguing that it violated the principle of the child’s right to maintain a close relationship with both parents.
The Supreme Court upheld the father’s appeal, stating that the lower court did not sufficiently justify allowing the relocation. It noted that the considerable distance between the two locations would restrict the father’s ability to visit his children regularly, potentially disrupting their education and extracurricular activities. The court also criticized the lower court for failing to adequately consider the implications of the move on the children’s well-being.
Ultimately, the Supreme Court annulled the previous ruling and remanded the case back to the Naples Court, underscoring the necessity of protecting the child’s right to maintain meaningful relationships with both parents.
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