Children Cannot Be Forced To Visit Grandparents, Italy's Apex Court Rules

Italy's Supreme Court ruling came after grandparents in Milan insisted it was their right to see their two grandchildren.

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Italy’s top court has ruled that children are under no obligation to see their grandparents if they do not wish to do so. The ruling was made in Italy’s Supreme Court of Cassation on Tuesday.

Don’t Force, says court

The decision followed an appeal by the parents of two children against the decision of a juvenile court in Milan. The apex court said there is “no doubt” that the children would “benefit from a bond with the articulated line of generations”. However, it noted that the relationship can't be forced especially during an environment of conflict.

In 2019, the juvenile court had ruled that the youngsters had to meet time with their paternal grandparents, after the elderly couple and a paternal uncle took legal action. The court had ordered meetings between the children and their grandparents in a social worker's presence. This was despite the parents’ objections, and an attempt to appeal against the decision failed. The court had warned the parents of the potential psychological damage to the children as a result of not seeing their relatives.

The parents argued that the meetings were not appreciated by the children due to the ongoing family tensions, and later appealed to the top court.

The court ruled that the interests of the children must prevail over those of the grandparents and that an “unwelcome and unwanted relationship” cannot be imposed.

An “unwelcome and unwanted relationship” cannot be imposed on children, particularly if they are over the age of 12, the court said.

A family law introduced in Italy in 2000, stipulates that children have the right to maintain a relationship with their grandparents, even if their parents separate.

Grandparents also have the right to ask a court to establish whether a parent’s decision to deny them access to their grandchildren is damaging to the child’s well-being and therefore illegal.