Bigenitorialità e tutela della salute

In the commented case (Trib. Torre Annunziata, ord. 6 aprile 2020), the judge was asked to decide whether it was possible for one parent to temporarily prevent the other from seeing their minor daughter, due to the Covid-19 pandemic. The decision states the following: it is not possible to hinder, as a general rule, the exercise of joint parental responsibility by suspending all face-to-face contacts between the minor and the parent not living with him/her, on the basis of the pandemic situation. In contrast, the judge needs to balance all the interests at stake to determine if, in those specific circumstances, physical contacts within the family could expose the child to the risk of being infected. This line of reasoning appears compatible with the minor’s right to keep a healthy and harmonious relationship with both his/her parents and, at the same time, with the minor’s fundamental right to health. Therefore, such a decision appears ultimately to pursue the child’s «best interest».