Journal title MALTRATTAMENTO E ABUSO ALL’INFANZIA
Author/s Lara Ferla
Publishing Year 2022 Issue 2022/2 Language Italian
Pages 16 P. 87-102 File size 220 KB
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In the judgment dated 26th January 2022, No. 9691, the Italian Court of cassation addressed some of the most relevant issues related to the provisions on parental responsibility. Alt-hough concerning a single judicial case and its specific characteristics, this judgment devel-oped a wide spectrum of arguments. Consideration is given not only to legal measures re-quirements, aimed at protecting children in highly conflicting familiar contexts, but also to the need for an integrative cooperation between legal practitioners and experts in psychological disciplines. The objective of this cooperation is to provide a solid foundation for measures regulating parent-child relationships in family crisis scenarios. In this judgment, special atten-tion is paid to the PAS (Parental Alienation Syndrome) and the fact that, notwithstanding it being subject of various controversies, is still repeatedly invoked as a reason for judicial measures involving minors. This recent decision of the Supreme Court, which criticizes the scientific reliability of this syndrome, shows the need for a united observation of the scientific arguments provided in the trial, which justify judicial measures concerning children. The same decision expresses the need for a non-formal and non-presumptive assessment on the "best interest of the child" who might be involved in conflict-ing familiar dynamics.
Keywords: parental responsibility, best interest of the child, children’s right to express their view, Parental Alienation Syndrome.
Lara Ferla, Provvedimenti de potestate, sindrome di alienazione genitoriale e best interest of the child in "MALTRATTAMENTO E ABUSO ALL’INFANZIA" 2/2022, pp 87-102, DOI: 10.3280/MAL2022-002006