Cartabia Reform: Monetary Penalties for Missed Parenting Time

A distinctive provision within the family law reform, known as the Cartabia Reform, introduces a noteworthy change concerning missed parenting time. The focus is on Article 473 bis no.39 of the Civil Procedure Code, addressing “measures in cases of non-compliance and violations,” accessible to any citizen, even online. This provision enhances and broadens the existing framework, particularly emphasizing economic penalties for individual instances of non-compliance that previously lacked immediate redress.

Traditionally, we have been familiar with warnings issued to the non-compliant parent, allowing legal recourse with requests for sanctions, warnings, and potential custody changes. However, this new provision introduces a heightened economic penalty, serving as a deterrent for specific lapses that may have otherwise gone unaddressed.

Previously, legal avenues were limited for parents who failed to pick up their children or violated visitation schedules, either sporadically or frequently. The intriguing aspect of this new regulation is the reinforcement of economic sanctions, providing a tangible consequence for individual lapses. Apart from the conventional warning and the existing administrative penalty, quantified between €75.00 and €5000.00, there is now a direct financial penalty payable to the parent adversely affected by the other parent’s actions.

For example, if a parent fails to pick up a child, it may force the other parent to forgo personal commitments, incur babysitting expenses, or face penalties for canceling pre-planned activities. Consequently, for each violation or a series of violations, there is now an avenue to request the payment of a monetary sum. The judge theoretically has the authority to proactively set fines for future violations, such as a hundred euros for each missed pickup or non-compliance with the non-custodial parent’s visitation day.

This is a significant deterrent as the fear of monetary penalties may encourage a consistent adherence to court orders. Often, parents neglect their responsibilities, assuming they can do so without consequence, especially for occasional lapses.

While these monetary penalties coexist with other existing remedies like fines payable to the state, compensatory damages to the affected parent, or even towards the child, the innovative aspect is the specific focus on economic consequences. It remains to be seen how this regulation will be practically enforced. Citizens might be hesitant to incur legal expenses to pursue small fines for occasional violations. The effectiveness of the process, including its speed, is also in question. It might be more efficient if such penalties are pre-established in separation or divorce agreements or even in court judgments.

For instance, a judge, foreseeing a potential scenario of non-compliance, could include in the judgment that the non-compliant parent must pay a set amount for each late pickup or missed visitation day, simplifying the enforcement process as there is already a legal basis for such claims. The practical application of this regulation will unfold over the coming years, and as a famous song suggests, “we will discover it only by living.”

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