Italy's top court has ruled that children are not forced to see their grandparents if they don't want to.
The decision concerns an appeal by the parents of two children against a lower court ruling that had previously forced the children to spend time with their paternal grandparents.
The case began when the grandparents requested that action be taken, complaining that they were unable to see the children "due to obstacles placed by the parents", with whom they had a family conflict. The grandparents won both in the juvenile court and in appeal court in Milan.The parents appealed to the higher court to overturn the decision.
In its ruling, the high court said that while there was "no doubt" that the two children "would benefit from meeting their grandparents", they had expressed their objection to the relationship with them and could not be forced to meet them.
Therefore, the court ruled that the interests of the children should be more important than those of the grandparents and that "an unwanted relationship" cannot be imposed, especially if the children are "capable of making decisions" and have reached the age of 12 .
According to Italian law, a child has the right to maintain relations with grandparents, even if the parents separate. Grandparents also have the right to ask the court to determine whether a parent's decision to deny them access to grandchildren is harmful to the child's welfare and unlawful.
Source: Guardian
