Italian Supreme Court rules shared custody does not require equal time

The Italian Supreme Court (Corte di Cassazione) has reaffirmed that shared custody does not mandate a mathematically equal division of time between parents. In judgment no. 11946 of April 30, 2026, the Court declared an appeal by a father inadmissible, upholding a previous ruling regarding the custody of two children from a non-marital relationship.

The dispute originated from a challenge to a decision by the Court of Appeal of Milan, which had granted shared custody but assigned the children’s primary residence to the mother. The father argued that the significant disparity in time spent with each parent—citing only eight hours of weekday time compared to the mother’s 160—violated the principle of shared custody and the right to family life.

The Supreme Court ruled that the regulation of a child’s time must be based on a specific assessment of the child’s best interests, including their age, routines, and emotional stability. The Court emphasized that the principle of ‘bigenitorialità’ (the child’s right to grow up with both parents) does not imply a right to perfectly symmetrical parenting schedules. Instead, courts must prioritize a balanced arrangement that protects the child’s wellbeing over the mathematical expectations of the parents.