Italy’s highest court, the supreme court, has said that children do not have to see their grandparents if they do not want to. The ruling comes after an appeal by the parents of two children who were told by a lower court to spend time with their grandparents.
The case was triggered when the grandparents and paternal uncle of the two children complained they were unable to see their grandchildren as a result of “obstacles established by the parents”.
At the time, the parents were in the middle of a family conflict with the grandparents and the uncle.
In 2019, the grandparents won in both the Milan court of appeal and the juvenile court. These courts ordered meetings between the children and the grandparents with a social worker present.
They warned the parents of the potential of psychological damage to the children as a result of not seeing their relatives.
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Years later, the parents argued the meetings were not welcomed by the children due to the ongoing familial conflict.
The parents took the matter to Italy’s supreme court who overturned the decision by the lower courts.
The court said in its ruling that while the children would benefit from a bond with their grandparents, that since they expressed opposition to the meetings they could not be forced to meet with their “ascendants”.
It concluded that “an unwelcome and unwanted relationship” could not be imposed, particularly because the children were “capable of discernment”.
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