'The single court for individuals, minors and families. The impact on the protection of minors: lights and shadows': this is the title of the conference hosted today in the Sala degli Atti Parlamentari of the Senate on the initiative of Assocomunicatori.
At the center of the event is the impact of the new civil family process, introduced with the Cartabia reform, on the protection of minors represented and supported by associations in the procedural field.
The meeting, attended by representatives of family associations, politicians and jurists, was organized by the Forum of Family Associations with the participation of the Union of Italian Catholic Jurists (UGCI).
Almost two years after the entry into force of the new rite and pending the establishment of the Single Court, the initiative offered reflections and observations on the impact of the application of the reform itself.
The Cartabia Reform has modified the civil family process with the aim of reducing the length of the processes, optimising resources and unifying the procedures through the institution of the Court Unique. Some rules have opened a debate among jurists, magistrates, lawyers and associations that deal with minors and families in difficulty.
Doubts have been raised about their practical application, both in separation and divorce proceedings and in relation to proceedings concerning the limitations or termination of parental responsibility, the removal of minors and foster care.
– Separations and divorces: the burden of allegation to be fulfilled, with peremptory terms, before the hearing of appearance risks delaying the decision on the conditions of placement and maintenance of the children, but also of increasing the parental conflict, as the parties must attach, produce and deduce on the issues that will be discussed during the course of the case, such as chats, photos, detailed bank statements of the spouse.
Any failure to reconcile between parents and the inevitable prolongation of the case has a very serious impact on the children. It would be important, then, to know if with the new procedure the trials are really shorter, since in practice there have actually been cases of late management and underestimation of the situations of prejudice to minors.
Furthermore, children often do not want to be involved in the conflict between their parents, they are afraid that what they will say could hurt them; sometimes they fear repercussions from one or the other parent, not rarely they are induced to 'choose' one parent rather than the other for reasons of convenience; sometimes they are, even unconsciously, manipulated. The risk is that the minor is 'thrown into the fray' in an adult-centric perspective.
The mandatory nature of the hearing by the Judge, who can (but must not) avail himself of the assistance of experts, risks exposing the minor to the procedural events of the parents. The Forum, therefore, believes it is appropriate to provide for the hearing of the minor (evaluating his/her ability and availability) in a protected environment with the participation of qualified personnel (psychologists or pedagogists).
– Proceedings of the power: the Forum does not ask that the establishment of the Single Court for persons, minors and families be abandoned. It asks that the knowledge and experience of decades of the Juvenile Court, the pride of Italy, not become library knowledge, but continue to animate the spirit of those who work to protect childhood and adolescence.
In particular, the reduction of the role of honorary judges and their added value risks profoundly weakening decisions relating to minors. The objective risk of resorting to technical consultancy by a single judge would paradoxically lengthen the procedural times beyond measure, thus going against the initial spirit of the reform and, what is even more serious, completely losing sight of the interest of the minor.
The Forum also believes that, as in urgent cases, which with the reform have seen the definition of tight decision-making times, it is important to define clear and non-negotiable timeframes for decisions that concern children under 2 years of age. Peremptory and timely terms that respect the needs of children.
In general, it is essential that the role of the special guardian to be placed alongside minors in the various procedural situations is explored in depth, with particular attention to the training of these so that they acquire psychological and pedagogical skills, as well as methods of listening to minors,
in addition to the necessary legal skills.
'The Cartabia reform - explained the president of the Forum of Family Associations, Adriano Bordignon - has brought about changes that have a significant impact. It is therefore essential to encourage dialogue between families, associations, jurists and politics to put the child's interest at the center.
We appreciate the intention to speed up the process for trials involving families and minors. However, since this concerns the interests of vulnerable people who need greater protection, we believe that the times and models must be appropriate. The single-judge model no longer seems functional to us. We believe that abandoning the experience of ordinary judges, which is actually a positive and successful experience for Italy, is a step backwards.
'The Cartabia reform - added Roberta Castellan, of the Network of Associations in the field of foster care and adoption - has introduced some innovations that need to be discussed. The reduction of the role of the honorary judge can lead to a slowing down of the times of the procedure and of the costs. Another aspect concerns the duration of family foster care. It is essential to avoid foster care sine die, but it is necessary to avoid the risk of making these procedures cumbersome'.
'Today's intervention - highlighted Maria Rosaria Cavallaro, of the Network of Associations in the field of family disputes - is aimed at reflecting on the possible repercussions of the Cartabia law in the management of family conflicts and the protection of minors. The option for a single rite, which forces the parties to immediately enter into the context of a full knowledge trial, with an early crystallization of the theme, creates difficulties and poorly focuses the opportunity to work to reach conciliatory hypotheses in the interest of the offspring'.
'I am grateful for the opportunity to discuss issues relating to the protection of vulnerable minors. The debate on the impact of the Cartabia reform - the words of Pierantonio Zanettin, member of the Justice Commission of the Senate of the Republic - must also take into consideration the judicial organization. The objective of reducing trial times must necessarily take into account the lack of personnel and facilities, aspects on which it is necessary to intervene'.
'A very important point that needs to be explored further - stressed Susanna Donatella Campione, member of the Senate Justice Commission - concerns the definition of the role of the curator, who plays a central role. His training and specialization must be defined given the sensitivity of the role'.
For Alfredo Bazoli, member of the Justice Commission of the Senate of the Republic, 'the opportunity to listen to proposals on juvenile justice is particularly precious. Often politics lacks concrete verification of the objectives of the reforms adopted. The single rite has its own dignity and coherence in the perspective of ensuring uniformity. The risk is that of paying a very high price. In fact, adequate resources are needed to offer practicable solutions'.
According to Elena Bonetti, member of the Budget Commission of the Chamber of Deputies, 'the rationale of Minister Cartabia was to strengthen parental responsibility to protect the weakest subject, through the redefinition of the times and dynamics of the process. The challenge is to guarantee the effective listening of the minor by defining structures and methods that put the most fragile at the center'.
'The procedural rules of the Cartabia reform - concluded the president of the Italian Association of Magistrates for Minors and the Family (Aimmf), Claudio Cottatellucci - are producing significant effects. The criterion of temporariness does not hold up to marking the distinction between foster care and adoption. On this issue there is a fruitful dialogue between the legislator and the European Court. It is necessary to avoid excessively cumbersome procedures, recognizing the centrality of the emotional biography of the minor. We must have the ability to address the situation, considering the prejudice to which the minor is exposed'.
Piero Sandulli, full professor of Civil Procedural Law, Lateran University, took part in the event 'The single court for people, minors and families. The impact on the protection of minors: lights and shadows'.
Article published on March 21, 2025 - 15pm
The article shows some interesting points of view on the Cartabia reform, but in my opinion there are too many complications that can create confusion in the processes for minors and families, perhaps we should have thought better.
I agree with Domenico02, there are too many rules that are not clear and the risk is that justice for minors will be slowed down instead of speeded up as hoped, it would be important to clarify.