Italy: Children cannot be compelled to visit grandparents

Italy: Children cannot be compelled to visit grandparents

Children cannot be compelled to visit their grandparents if they do not want to following a ruling of Italy’s Supreme Court.

A lengthy legal battle has culminated in a judgment from the court stating that grandchildren were not obliged to have a relationship “they do not enjoy, and do not want” with their grandparents. The court added that the rule applied doubly to “discerning” children over the age of 12.

The case began in Milan in 2019 when the paternal grandparents as well as a paternal uncle of two unnamed children took legal action in order to obtain access to the children after they were blocked from seeing them by their parents, due to a difficult family relationship.

The court at first instance found that the grandmother was aggressive towards her daughter-in-law, which upset the children. But the court ruled in favour of the grandparents and permitted visits supervised by a social worker.

The parents appealed but the appeal court said the visits must proceed.

Judges in the Supreme Court, however, overruled the inferior courts and stated that it is the children themselves who should make the decision about whether they want to spend time with their grandparents.

Consequently, the visits were cancelled.

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