Children in Italy are not obligated to see their grandparents, the country’s top court has ruled.
An “unwelcome and unwanted relationship” cannot be imposed, said the Supreme Court of Cassation while passing an order this week.
The decision came after parents of two children appealed against an earlier lower court decision forcing juveniles to spend time with paternal grandparents, despite having strained ties.
The years-long case began after the grandparents and paternal uncle moved juvenile court in Milan, saying that they were not able to see the children because of “obstacles established by the parents”, reported The Guardian.
In 2019, the grandparents won the case in the juvenile court as well as the court of appeals, which directed the children to meet their grandparents in the presence of social workers.
The parents objected to the court’s decision, later filing an appeal at the apex court.
While the Supreme Court in its ruling noted that the “no doubt” children would “benefit from a bond with the articulated line of generations”, the court, however, also took note of the opposition expressed by the children, reported the Strait Times.
Children, especially those over the age of 12 and “capable of discernment”, should not be compelled to hang out with their grandparents against their will, it ruled.
According to the country’s family law, children have the right to maintain a relationship with their grandparents, even if the parents of the child are separated. The grandparents are also entitled to turn to court for legal remedy in case the parent’s decision to deny access to their grandchildren is impacting the wellbeing of the child.
