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Italian Supreme Court of Cassation, Civil Section I, No. 21916/2019, 30 August 2019


Custody of the minor. Freedom of parents to educate their children according to their own philosophical and religious convictions.

Normative references

Art. 316, art. 337-ter Italian civil code


With regard to the custody of children, the possibility for the judge to adopt (pursuant to art. 316 of the Italian Civil Code and, in case of separation pursuant to art. 337-ter cc) measures containing or restricting the individual rights of freedom of parents in terms of religious freedom and the exercise of the educational role is strictly connected and can depend exclusively on the concrete ascertainment of prejudicial consequences on the psycho-physical health of the child. The assessment of this prejudice must be carried out in practice and can only be based on observing and listening to the minor.