The Ordinary Court of Velletri, First Family Civil section, in the person of the judge Dr. Angelo Baffa, issued a significant order regarding the placement of two minors involved in a situation of serious parental conflict. The case saw the participation of both parental parties with their respective lawyers.
Judge Angelo Baffa, after carefully examining the mutual allegations and listening to the minors, found a condition seriously detrimental to the children, which led to a division of the family unit. The two brothers are placed separately: one with the mother and the other with the father, each rejecting the other’s parental figure.
Family disintegration not only undermines the right of minors to bi-parenthood, but also compromises the fraternal relationship, which, despite the separation, has shown signs of mutual affection. The judge also highlighted how the lack of communication between the parents represents a further element of prejudice, currently excluding the possibility of shared custody.
Pending further investigation, the court decided to temporarily entrust the minors to the Valmontone Social Service, responsible for the area. The Service has been delegated to take the decisions of greatest interest to the children, while maintaining parental responsibility for matters of ordinary administration.
The Court also ordered the continuation of the care of minors by the ASL Service and requested the father to undergo a hair test within 45 days to exclude the use of narcotic substances, warning that failure to submit to the test could be assessed by the court.
As regards the placement of minors, the court has established that one child for now remains mainly with the mother and the other with the father, still allowing free contact with the non-placement parent. The Valmontone Social Service was tasked with organizing weekly meetings between the children and the non-placement parent, with the possibility of involving both siblings to maintain their bond.
The Court also considered the economic inequality between the parties, establishing a maintenance allowance of 300 euros per month to be paid by the father for the child placed with the mother, in addition to the ISTAT revaluation. The mother will contribute 50% of the extraordinary expenses for both children.
A special curator for minors was also appointed and an official technical consultancy (CTU) was arranged to evaluate the psychological profile of the parties and minors, the quality of family relationships and identify the most suitable custody formula to protect the interest of the children.
The hearing for the appointment of the CTU has been set for October 9, 2024.
The Judge Dr. Angelo Baffa arranged this, placing the best interests of minors and their psychological well-being in the foreground, in a complex and conflictual family context.
Lawyer Carlo Affinito
