Affidamento condiviso: il diritto alla bigenitorialità fra assolutezza del principio e relatività delle regole applicative

Di Franco Trubiani -

The note examines the solution accepted by the Court of Cassation with regard to the implementation of the principle of dual parenting in the shared custody of minor children, as envisaged by art. 337, cod. civ. This interpretation, although tendentially correct, seems to be subject to criticism from the point of view of the lack of reflection regarding the circumstance according to which the attribution of a low percentage of the monthly time or the failure to establish care duties corresponds to the removal of the parent from the daily life of the child minor with irremediable effects, first of all, on the psychological growth of the child. The author, therefore, also in the light of a possible imminent legislative change, reflects on the possibility of preparing tendentially elastic schemes as they must adapt not only to the diversity of concrete cases, but also to the changes determined by the evolution of the reality of reference.