Can You Report a Mother for Not Allowing the Father to See the Children in Italy?

In family disputes in Italy, children are sometimes used as tools of revenge against an ex-partner. This can lead a custodial parent to block visitations ordered by the court. When this happens, the affected parent should return to court with their lawyer to seek a warning or, in more severe cases, request the revocation of custody or guardianship.

The question arises whether the father can report the mother for preventing visits. While a formal complaint might be an option, consulting a lawyer is always advisable. To proceed with a complaint, one must identify the relevant legal provision that classifies the obstructive behavior as a crime.

Under Article 388 of the Italian Penal Code, the willful non-execution of a court order is addressed. The penalty can be up to three years in prison or a fine ranging from €103 to €1,032. Additionally, Article 131-bis of the Penal Code allows for a reduction or dismissal of the case if the crime’s consequences are minor and the behavior is not repeated.

However, Italian courts consider complaints in specific situations. For a crime under Article 388 to be established, the custodial parent must engage in fraudulent or simulated acts to avoid allowing visits, showing bad faith.

For instance, the Supreme Court of Italy has ruled that merely failing to comply with visitation orders does not constitute a crime. In one case, a mother’s relocation abroad and inability to bring her child to Italy for visits was not deemed criminal.

Importantly, a parent cannot be penalized for blocking visits if it is in the child’s best interest, such as preventing encounters with a potentially harmful parent. Additionally, repeated obstruction over time is required for a criminal charge, rather than isolated incidents. However, blocking all forms of communication or unauthorized relocation of the child is considered a crime in Italy.

VGS Lawyers is an Italian law firm specialised in Family Matters. In case you need assistance feel free to contact info@vgslawyers.com