The Court of Sassari says no to two brothers aged 13 and 15 living with their mother in a town in northern Sardinia, children of a separated couple, who would like to be heard in order to move to their father, who lives on the Peninsula, and be able to enroll in school there.
Their request, presented through the father's lawyer, fell on deaf ears: the judge, with a provision of July 8, decided that "the mere listening to the minors must be considered a manifestly superfluous and potentially harmful investigative activity for the emotional sphere of the minors". Consequently, no hearing by the judge, as instead provided for by article 473 bis of the Code of Civil Procedure: the panel decided to appoint a psychologist to evaluate the family situation, proceed to listen to the parents and children, and then suggest to the Court "the best regime of custody and placement of the minors in the exclusive interest of the latter".
The consultant will be appointed at the next hearing, scheduled for September 26. A decision that the lawyer Igor Turco, the lawyer of the father of the two boys, contests and indicates as a clear violation of the rights of minors: «The two boys have been deprived of the right to express their opinion on the choice of school and are suffering the beginning of the school year where they do not want to».
The boys "had to choose together the school to attend and expressed the desire to move to their father, outside of Sardinia, to attend school there. The mother opposed it by denying consent", continues the lawyer. "With the Cartabia reform, since it is a matter whose decision directly affects the lives of minors, the law requires not only that it is necessary to know their opinion, but that it must be taken into consideration, taking into account the age and level of maturity of the boys. The Court of Sassari did not order the boys to be heard, a right repeatedly requested in court. Time passes, with provisions that in fact deny the right of the two boys, forcing them to start the school year in Sardinia", specifies the lawyer Turco.
(Online Union)
