Il cambiamento di residenza: l’interesse del minore fra diritto dei genitori di fissare liberamente il proprio luogo di vita e tutela della bigenitorialità

The relocation of one parent to a place far from where the family lived together, and where the other parent — who opposes the relocation of the minor child — continues to live, is an issue that arises frequently following the parents’ separation. In practice, relocation requests are very often denied on the grounds that the child’s best interests is to live close to both parents and to continue to live in the place where the child has always lived. The Italian Supreme Court appropriately recalls that the issue must be approached in light of the fundamental freedom of each parent to establish his or her residence wherever he or she chooses. Consequently, the balancing assessment concerning the child’s best interests must be carried out taking into account the life choices made by both parents. With regard to cases in which the relocation is implemented without prior authorization, the Supreme Court appears to hold that such conduct may be sanctioned only where the relocation was carried out for insignificant reasons or even motivated by malicious intent. This statement deserves some criticism and is not entirely persuasive, also in light of the most recent case law of the European Court of Human Rights.