What are the standard arrangements for children in Italy?

Italian law governing child arrangements following a parental separation is founded on the principle of the “best interest of the child”. This principle dictates that all judicial decisions must prioritise the child’s moral and material well-being. The legal framework establishes shared custody as the standard model, ensuring the child’s right to maintain a continuous and balanced relationship with both parents, a concept known as “biparentalism” (bigenitorialità).

WHAT ARE THE TYPES OF CUSTODY?

The court’s primary goal is to ensure the child’s right to be cared for, educated, and assisted by both parents. The default arrangement is shared custody, with exclusive custody being a rare exception.

1. Shared Custody (Affidamento Condiviso) is the rule because is the preferred arrangement under Italian law, reflecting the principle of biparentalism. It does not mean the child’s time is split equally, but that both parents share parental responsibility.
   • Joint Decision-Making: Decisions of major interest for the child (concerning education, health, and choice of habitual residence) must be made by mutual agreement. In case of disagreement, the matter is referred to a judge.
   • Ordinary Administration: For day-to-day matters, the judge can establish that parents may exercise their responsibility separately.
   • Parental Conflict: High conflict between parents is not, in itself, considered a sufficient reason to deny shared custody. The law views this arrangement as a tool that can encourage dialogue for the child’s benefit.
2. Exclusive Custody (Affidamento Esclusivo) is the exception. A judge may only order exclusive custody in exceptional circumstances and must issue a specifically motivated decision explaining why shared custody would be “contrary to the interest of the minor”.
   • Grounds for Exclusive Custody: This requires a finding of the unsuitability or “manifest deficiency” of one parent, not just the suitability of the other. The judge must conduct a prognostic assessment based on concrete evidence of each parent’s ability to care for and educate the child.
   • Rights of the Non-Custodial Parent: Even in an exclusive custody arrangement, the non-custodial parent retains the right and duty to supervise the child’s education and instruction and can appeal to the court if they believe decisions are being made that are prejudicial to the child’s interest.
3. Super Exclusive Custody (Affidamento Super Esclusivo): Super Exclusive custody is an extreme form of sole custody, granting the custodial parent almost complete decision-making autonomy. Unlike ordinary Exclusive custody, the custodial parent can make all significant decisions regarding the child - such as education, health, and residence—without consulting the other parent. This concept is not explicitly codified in law but has been recognised by case law, notably by the Milan Court in 2014. Judges may order super exclusive custody only in exceptional cases, such as:
   • Severe parental conflict affecting the child’s psychological well-being.
   • Violence or abuse by one parent.
   • Substance or alcohol addiction.
   • Total neglect or disinterest in the child’s needs.

In these scenarios, the court prioritises the child’s best interest by granting full decision-making power to the more suitable parent.

HOW ARE LIVING ARRANGEMENTS AND VISITATION DETERMINED?

Shared custody must be distinguished from the child’s physical placement. The court establishes a primary residence and a detailed visitation schedule.

• Placement (Collocamento) The judge determines the child’s primary residence with one parent, who is referred to as the “placing parent” (genitore collocatario). This decision is based on the child’s best interest, considering their need for stability and the parent’s capacity to provide daily care.
• Visitation Schedule (Diritto di Visita): The court establishes the times and methods for the child’s presence with the non-placing parent. While schedules can vary, a common arrangement includes:
  • Alternate weekends, often from Friday after school until Monday morning.
  • One or two midweek visits, which may or may not include an overnight stay.
  • Major holidays, such as Christmas and Easter, are typically split and alternated annually between the parents.
  • A set period during the summer holidays, such as 30 days, which can be taken consecutively or split. These arrangements represent a minimum right for the non-placing parent and can be freely modified by mutual agreement.