The day-by-day operation and enforcement of judgments relative to parental responsibilities : Some observations based on the Italian experience

It is possible to identify two evolutionary pathways, common to Western family law: a) the affirmation of equal rights of both parents in the exercise of parental responsibilities after separation and b) the active search for alternative ways of resolving disputes relating to the exercise of parental responsibilities such as family mediation. These surely represent a sign of civility in family relationships after marital breakup. However they alone are not enough to guide the interests of minors and do not necessarily guarantee the rights of the children, nor the rights of the adults involved in a separation. When a dispute survives all attempts at mediation, the judicial system must be able to provide solutions. On the contrary sometimes – and at least in Italy, this happens more and more often – the judicial system reacts with annoyance to parental conflict and this reaction translates into an almost automatic determination that the problem lies with both parents and with their conflict so the parties cannot expect the judge to make decisions about the children’s welfare given their inability to agree among themselves. Some measures are suggested to prevent conflict between parents turning into parental alienation.