Italy's Supreme Court limits exclusive parental custody rights

The Italian Supreme Court (Corte di Cassazione) has established new limits regarding “super exclusive custody” in cases of parental separation. In a recent ruling (ordinanza n. 22941/2026), the Court ruled that courts cannot strip a parent of decision-making power regarding a child's health or education without rigorous proof of grave misconduct. The Court noted that simply removing a parent's decision-making rights while the child continues to live with them creates a legal paradox that requires precise logical justification.

In response to high-conflict separations, the role of the “parenting coordinator” is also gaining traction in Italy. This professional—typically a psychologist, mediator, or specialized lawyer—assists separated parents with the practical, daily management of shared parenting, such as scheduling and communication. While the model originated in common law countries like the United States and Canada, it is being increasingly implemented in Italy through experimental court protocols and private agreements to reduce litigation and protect the well-being of minors.