Marriage lawyer, divorce lawyer. Milan.
Coronavirus and parenting. Movements to reach children, separated parents.
In these difficult days due to the Coronavirus emergency, many divorced and separated customers are calling us to understand how to see their children, how to bring them back to the other parent and whether it is possible to derogate from the provisions of the Court.
The Decree of the President of the Council of Ministers of 9 March 2020 has in fact extended to the entire Italian territory what has already been foreseen for the CD red zone established in some provinces by the provision of 8 March 2020.
This provision requires "to avoid any movement of natural persons entering and leaving the territories referred to in this article, as well as within the same territories, except for movements motivated by proven work needs or situations of necessity or movements for reasons of health. Return to your home, home or residence is allowed. "
The most frequent question asked by separated parents is whether transfers to take and bring back children can be considered a necessity and therefore lawful.
An official answer comes to us from the Government website where from 10th us it reads that "the travel to reach minor children with the other parent or in any case with the custodian, or to take them to him, are allowed, in any case according to the methods provided by the judge with the separation or divorce measures ". It is therefore clear that the travel of separated / divorced parents to bring and take children is allowed
Equally clear is the concept that the decrees mentioned have in no way suspended and / or limited the provisions regarding the time spent by the children with their parents.
However, common sense must be added to this security. In this difficult moment where we await developments on a daily basis, everyone must be more reasonable and conciliatory in the interest of the children and avoid endangering minors and those most exposed to the risk of contracting Coronavirus.
In fact, it has already happened that a father has consented to suspend the right to visit the child placed with the immunosuppressed mother, by agreeing on a videoconferencing program in place of meetings with the minor.
In another case, the child who was already with his mother by the sea on vacation, in an area not initially affected by the epidemic, remained there, with the father's consent, for an indefinite period and this in the interest of the child who, even with the most restrictive provisions, although forced not to leave the house, it can benefit from the large garden of the house by the sea.
Unfortunately in these moments of great difficulty there have been cases in which the parents, perhaps panicked, decided to decide for themselves and considering themselves legitimized by the emergency they seriously violated the rights of their children and the other parent.
In these cases, it is highlighted how protection can still be obtained from the Court which is in any case always open for urgent cases and emergencies.
Lo Law Firm Cecatiello advises its clients for the best solution in cases relating to family law.
Cecatiello Law Firm, Milan. Marriage lawyer, divorce lawyer, specialized in family law, child rights, juvenile criminal. Contact us.