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Italian Court of Cassation (Corte di cassazione), Civil Section I, No. 12954/2018, 24 May 2018.

Type Judgment
Case number 12954/2018



The interest of the minor therefore prevails over the religious freedom of the parent.

Normative references

Articles 3,19 and 30 of the Italian Constitution,
articles 8 and 9 of the ECHR,
arts. 147, 315 bis, 316, 337 bis and ter of the Italian Civil Code 


In the matter of custody of minor children, the fundamental criterion which the judge must comply with, in the event of a parental conflict, is that of the minor's best interest in healthy and balanced growth. This purpose of primary importance for the legal system may also entail the adoption of specific measures containing or restricting individual rights of parental freedom, including the prohibition of leading the minor to meetings of the parent's religious denomination, where their externalization determines detrimental consequences for the child who is present there.