Child Placement and Co-Parenting in the Event of Divorce - New Case Law from Rome

Divorce, especially when there are children of the marriage, brings with it many difficult situations.A lively debate has recently arisen following a decision issued by the Court of Rome on 9 October 2025, which ordered that the minor children should remain living permanently in the former family home, whilst the parents live in the family home alternately in accordance with a predefined schedule.This type of ruling is not entirely new, as other courts, both in the past and more recently, have adopted similar solutions.

The Civitavecchia Precedent (16 June 2025) and Its Legal Basis

A decision of the Court of Civitavecchia, which, in an order issued under Article 473-bis.22 of the Italian Code of Civil Procedure on 16 June 2025, ordered the equal placement of two minor children, aged 8 and 11, in the family home, with the parents alternating their stay each week.

This ruling is based, on the one hand, on the need to ensure that the children remain in a stable and familiar environment and on the other hand, is the principle of fully safeguarding co-parenting.

In the same decision, the Court of Civitavecchia also addressed a dispute between the parents concerning where the children should live, stating that conflicts regarding a child’s place of residence must be resolved, preventively rather than subsequently, by judicial authority.

In particular, the Court held that although a parent’s right to move residence with their child is of constitutional relevance, it must be balanced with the child’s equally protected right to healthy development, emotional stability and maintaining balanced and meaningful relationships with both parents, even when the family unit has broken down.

Alessandro Gravante, senior partner commented “the new law will provide stability for the children of divorced couples. Their parents will have to make all the adjustments and co-operate with their former spouse.” Alessandro also remarked “the court prioritises continuity and stability in the children’s daily lives. This solution minimises disruption by preserving the children’s familiar surroundings, school proximity, and social environment, maintaining the child’s environment and routines, rather than requiring the child to alternate between two separate households. The ruling underscores the Court’s commitment to the best interests of the children.”

Relocation of a Minor: Judicial Criteria

The Court emphasised that several factors must be considered when deciding on a child’s relocation, including:

• The reasons for the custodial parent’s intended move, which should not be based solely on improved employment opportunities or a change of social environment.
• The time and manner of contact between the child and the non-custodial parent, assessed both in the scenario of the child relocating and of the parent relocating alone.
• The non-custodial parent’s willingness to relocate.
• The preservation of the child’s relationships with important figures in their life, such as relatives and friends.
• The psychological impact of the move on the child, in light of the child’s need for environmental, emotional, and relational stability.
• The characteristics of the new home environment, compared with the environment the child would be leaving.
• The child’s age, since older children are generally better able to maintain relationships despite distance.
• The child’s own wishes regarding relocation.
   

Rome Court of Appeal (30 October 2025): Decision Upheld

The Court of Appeal of Rome fully upheld the Civitavecchia decision in an order dated 30 October 2025.
 The Court rejected the mother’s appeal, finding no valid grounds to amend the lower court’s ruling on the children’s placement or the regulation of parent-child contact.

Regarding the decision-making criteria, the Court of Appeal further stated that the relocation of the mother-child unit cannot be ordered solely because it corresponds to the child’s expressed wishes during the hearing. Instead, all relevant criteria must be balanced to determine the solution that best protects and serves the child’s interests.

Giambrone & Partners has considerable experience in assisting divorced parents with this and many other issues surrounding divorce. Our lawyers can assess your situation and determine the most suitable strategy in the best interests of the child in compliance with the law.

Alessandro has collaborated with the University of Palermo, Faculty of Economics and Business, Chair of Institutions of Private Law and with the LUMSA University of Palermo - Chair of Institutions of Private Law; he has also lectured during the Euro-Mediterranean Master's Course in International Business and Public Policy - International Business Law Module - organised by CE.RI.S.DI. (Centre for Research and Management Studies).

Alessandro deals with contractual and non-contractual civil liability, professional liability, family law and, in general, civil and commercial litigation, with particular reference to issues involving private international law and the application of EU Regulations. Alessandro has extensive experience in family law, and in particular in cross-border divorce and separation proceedings and international child abduction proceedings. Alessandro is frequently appointed as an Expert in Italian Law by several English, American and Australian Courts to assist foreign Courts in disputes where Italian law applies.

Among his most recent experiences, Alessandro was invited to appear in person at the High Court of South Africa in Gauteng - Johannesburg, in order to provide the Court with an opinion on Italian family law in relation to a divorce case between Italian citizens. In addition, Alessandro provides opinions to foreign authorities to assist them in the placement of children abroad, and in particular in Italy, following the issuance of Special Guardianship Orders. Alessandro is a member of the International Bar Association (IBA), the International Child Abduction Lawyers Italy (ICALI) and the Pan European Organisation of Personal Injury Lawyers (PEOPIL).

Should you wish to learn more about how the new law will affect you. A consultation can be arranged with our family law team please click here