Separated parents, alternating living in the marital home with the child
The Court of Rome orders the use of the home on a rota basis pending verification of parental capacity. Pros and cons of the decision
Key points
In an order published a few days ago, the Court of Rome ruled that two parents who are undergoing separation proceedings must alternate weekly in the family home, in which the four-year-old child remains. This is not the first time that judges of merit have adopted the 'children's home' formula, with parents alternating. Let us analyse its purposes and effectiveness.
The Logic
The rationale behind these decisions is clear: as long as it is not clear that it is in the children's best interest to be with one of the parents, the time spent with each parent should be equally divided and it is preferable that the adults take turns in the children's home, rather than the children moving between the parents' homes. The order of the Court of Rome is a provisional measure, precisely because the judge has yet to ascertain whether it is appropriate to identify a parent with whom it is good for the children to be with in the main.
The judge then ordered atechnical consultation (entrusted to a psychologist) to ascertain each parent's parenting skills and abilities. The new hearing, however, is scheduled for the end of March next year. The alternation of parents in the child's home will therefore last for many months.
The Times
The appeal was filed earlier this year: a four-year-old child will have to wait at least one year after the crisis in the marriage of the parents before the judge will finally order a stable and reasonable living arrangement. An eternity for a four-year-old child.
Critical issues
Although the logic followed by the judge is clear, the conclusion is unconvincing. Sharing a house on the basis of a weekly rota requires a spirit of adaptation and harmony. Rarely do two parents with a separation case have these characteristics. Sharing space is bound to fueltensions and quarrels.
