Shared custody, children stay at home: it's the parents who move - Video / It's the exes' turn to commute

Custody is shared, but for once it is the parents' turn not the children's. The interest of the offspring in remaining in the family home is worthy of protection to the extent of leaving the home to the minors, giving the parents the pleasure of commuting, to take turns at their side.
This was established by the family and minors section of the Court of Appeal of Turin with the decree (314/24) with which it rejected an ex-wife's appeal against the decision of the Court of Cuneo to "assign" the daughters, aged 4 and 7, the family home, requiring the parents to alternate.
A "Solomonic" decision on the main object of contention between the two exes: the assignment of the former marital home, claimed by the woman as a parent more present in the daughters' lives, and by the man also to get out of the "rule" according to which the mother automatically gets the children-home "package".
The path chosen by the judges of Cuneo and shared by the Court of Appeal of Turin, who assign the house to the mother, only to give her a "dwelling" title, which the father already owns, as bare owner. But the flat remains with the daughters.

For the judges of merit, in fact, the children are related to both parents, both are 'protective, caring and comforting', both father and mother have other homes, and can therefore, in the week when they are not on 'duty' stay in their homes. And, if these are not to their liking, they can rent them out and with the proceeds choose properties of their liking.
On paper it all sounds perfect, but the reality looks a little different. At least as far as the dialogue between the two parents is concerned, who, in addition to having to share choices on non-routine matters, must at least cross paths to pass the 'baton' to each other on shift changes.

A circumstance that was not entirely peaceful, given the rather conflictual relationship between the two, also highlighted by social services. In fact, the woman had sued her ex-husband for ill-treatment, even though both ex-husbands had declared themselves willing to do what they could as parents. For the Court of Appeal this was enough. In fact, the territorial judges value the relationship with the children. Father and mother 'are present in their daughters' lives in all contexts,' reads the decree, 'from the school to the medical one, and in the organisation of daily life they avail themselves of the support of their maternal and paternal grandparents, as is widely the case'. Given also the indications for the logistical arrangements of mum and dad when they are "away", the Court confirms the full parental capacity of the two, also thanks to their efforts to be able to connect as parents. It decides on an allowance in favour of the daughters of EUR 200 in total, to be paid to the mother and closes the case.

A solution, that of the Court of Appeal, which had also been indicated by the Supreme Court in March 2023 (order 6810).
On that occasion, the Supreme Court, defining a dispute following the break-up of a more uxorio cohabitation, had not ruled out the possibility of assigning the family home to the children, providing for the rotation of the parents.
A road indicated, however, as viable in the case of an agreement between the two exes. According to the Court of Cassation, in fact, "such an option - which presupposes a serious and agreed organisation of the parents for this purpose - while respecting and exercising the parental responsibility of each of them could have responded to the real interest of the minors and their growth needs, and be suitable for consolidating the habitat and living habits, the purpose for which the allocation of the family home is intended". The condition of shared choice and harmony between the exes is also indispensable in the opinion of Carlo Rimini, a lawyer expert in family law and professor of private law at the University of Milan. "The approach given by the Turin Court of Appeal can only work," warns Carlo Rimini, "if both parents share it, and live in harmony. Otherwise, it would be the children who would pay the price for the conflict. Not to mention that with this 'formula' it would be really difficult for the exes to rebuild their lives".