RIGHT OF VISITATION DURING THE CORONAVIRUS: stop to meetings between father and child living in different municipalities

In consideration of the restrictive measures aimed at containing the spread of the Covid-19 virus, which have had obvious repercussions on the freedom of movement of people, the issue has arisen as to whether the father, residing in a different municipality, can be guaranteed visitation rights.

In order to understand whether the possible interruption of visits to the child can be considered legitimate, it is necessary to carry out a comparison of the values at stake, namely the child's right to health and the father's visitation rights.

Well, in the opinion of the undersigned, it is clear that the right of parents and minor children to meet, in the current emergency situation, must be considered secondary to the restrictions on the movement of people, legally established for health reasons and to the right to health under Article 32 of the Constitution.

On this point, a recent ruling by the Bari Court of Appeal on 23.3.2020 also expressed itself, which—considering the protection of the child's right to health to prevail over the father's visitation rights—established: i) the legitimacy of interrupting visits to the child, until the current Coronavirus epidemiological emergency is overcome; ii) the exercise of the father's visitation rights through video calls, or Skype, for periods of time equal to those set, and according to the same schedule.

This is in consideration of the fact that:

1)     First of all, meetings between minors and parents living in a municipality different from that of the minors' residence do not at all meet the prudence conditions set out in the ministerial decrees.

2)     It is difficult to verify that the minor has not been exposed to health risks, with consequent danger for those whom the child will find upon returning to the custodial parent's home.

In conclusion, as long as this emergency persists, it seems necessary to interrupt visits and guarantee the father's visitation rights through video calls, or Skype, for periods of time equal to those set and according to the same schedule.

Avv. Laura Mingrino

www.studiolegalemingrino.it