What the ordinance says

Forest family, the legal point. Friday appeal on suspension of parental authority

The order states that the parents, after being heard twice, stopped cooperating with the judges in October

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

The perplexities of Justice Minister Carlo Nordio on the one hand, the new family lawyers at work on the other. Lawyers Marco Femminella and Danila Solinas, who took Giovanni Angelucci's place (he has announced that he has withdrawn his defence mandate), are preparing the appeal, which will be filed on Friday, against the order of the Juvenile Court of L'Aquila 2061/2025 of 20 November that suspended the parental responsibility of Catherine Birmingham and Nathan Trevallion, appointed a provisional guardian, and ordered the removal of the minors from the family home and their placement in a foster home where they are staying with their mother.

The story begins in 2021

From a strictly legal point of view, the matter is very complex. The minister Nordio, at the question time, spoke of the balancing of interests in the field, saying he was ready to intervene 'should profiles of disciplinary importance emerge, exercising the powers' conferred on him by law. The minister's perplexity is the same as that expressed by the Minister for the Family, Eugenia Roccella, on the sidelines of a conference: 'The order I read clearly states that this heavy gesture (the suspension of parental authority and the removal) was decided because the children suffered from a lack of confrontation with the peer group, of socialisation. The peer group is fundamental, it is very important, but so are the parents'.

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And, if there is division on social media on the subject, even in Australia, where the children's mother was born, and in England, where the father comes from, the spotlight is shining on the story that - it is good not to forget - has been going on for years. Trevallion and Birmingham bought the house in the middle of the woods of Palmoli (Chieti, Abruzzo) on 29 April 2021, getting married in November of the same year. Before choosing an isolated lifestyle, the children's father worked as a chef and dealt in fine wood furniture, the mother worked on the Internet: owner of a site bearing her name (unencrypted until last April, then blacked out) offering energy readings.

The choice tolive 'off-grid' - without electricity, running water or traditional services, producing their own food, water and energy and raising their three children (an 8-year-old girl and 6-year-old twins) at home - was recounted on the net. The family's autonomy was interrupted in 2024, with the notorious food poisoning that led to their admission to hospital and the involvement of social workers, the same ones who today report serene children in the family home.

The content of the ordinance

The appeal by the new lawyers will have to refute the order's narrative, which states that 'the social service had reported that the minors were in a condition of substantial abandonment, in an uncomfortable and unhealthy housing situation and without education and health care; the family lived in a dilapidated ruin without utilities and in a small caravan; the minors did not have a paediatrician and did not attend school'. The six-page decision of the Juvenile Court of L'Aquila includes a request for a technical report on the static safety of the ruin and, from the health point of view, for more thorough investigations into the minors' condition.

The parents' hearing

The parents were heard on two occasions at the hearing: they pointed out that they had attested to the regularity of their eldest daughter's parental education and declared that they had a normal home with all utilities. They then illustrated the progress of the renovation of the farmhouse and the events (particularly from an administrative point of view) that had slowed them down. On 28 October, it was the judges' intention to also listen to the three children, in the presence of their mother, a task that will be repeated later because it was made impossible due to their lack of knowledge of Italian.

The stop to collaboration

Since October, the parents' collaboration has stopped, the order states. The compulsory health checks requested on the children were not carried out. The parents - we read - 'have shown the Social Service, which has exclusive responsibility for health choices, a medical certificate for each child in which thepaediatrician points out the need, in view of the clinical and family history, to carry out a child neuropsychiatric examination for a comprehensive psychological and behavioural assessment of the children, as well as haematochemical examinations for an assessment of the vaccine immune status. The parents stated that they would allow the paediatrician's requested examinations if they were paid a fee ofEUR 50,000 per child'. A provocation, the children's father later pointed out.

Injury to the right to life in a relationship

The order also clarifies that the expertise on the statiticity of the cottage was totally insufficient to demonstrate conditions of the building suitable for the protection of the physical integrity of minors. The necessary documents required by the Consolidated Law on Construction were not produced; the static test certificate was not produced and the absence of electrical, water and heating systems was not disputed. The health conditions of the dwelling were not verified, with particular regard to humidity, which affects the development of pulmonary pathologies. The fear of the judges is made clear: the precautionary order is not based on the danger of harm to the child's right to education, but on the danger of harm to the right to a relational life (Article 2 of the Constitution), which produces serious psychological and educational consequences for the child.

While the next few hours are decisive for the filing of the family's lawyers' appeal against the order, the political debate goes on. The League has announced the presentation of a parental education bill.

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