Mothers' concerns over hidden aggression and potential loss of custody due to affiliate relationships
In Bolzano, yet another instance of domestic violence went unreported for years, out of fear – fear of losing custody of her daughter. This heart-wrenching situation unfolded when the girl, now 11, called 112 during another attack by her father. It's a harsh reality – too many women remain trapped in violence, all too often due to their fear of losing their children.
Sadly, this is far from an isolated case. Many women hesitate to report violence for fear of losing their bond with their children. This fear is often because their pleas for help during separation proceedings are overlooked by civil judges that misinterpret a child's refusal to meet the father as a consequence of manipulation by the mother rather than a natural fear. This cruel misinterpretation sets in motion a dangerous chain reaction, ultimately reversing responsibilities and transforming the perpetrator into a victim.
The Italian government has acknowledged this issue in a government document, the White Paper on training against violence against women. Presented in November by Minister Eugenia Roccella, this document carefully outlines judicial operator guidelines. It underscores the European Court of Human Rights' condemnation of the practice, common in some Italian civil and minor courts, of viewing mothers who report acts of violence, refuse to participate in meetings with the former spouse, and oppose shared custody as uncooperative or inadequate. Such rulings can lead to the imposition of sanctions such as suspension of parental responsibility, placement of children in communities, and accusations of various crimes, resulting in secondary victimization of both the mother and the children.
The White Paper proposes several measures to address this situation, including avoiding recourse to mediation or conciliation in the presence of even a hint of violence, not delegating judicial evaluations to professionals influenced by unscientific theories like 'parental alienation' or similar formulas, and appointing consultants with specific training in family violence and against women. These consultants should consistently apply the principles, methods, and objectives of the Istanbul Convention in their work.
In a similar vein, the awareness campaign launched in January by the experts of the Protocollo Napoli study and research center aims to put an end to the use of Parental Alienation Syndrome (PAS) and its derivatives, such as 'refusal of contact' and forced reintroduction of minors to a rejected parent in cases of custody of children under 18. These tactics have been used as a tool to hide violence against women and minors.
Marina Terragni, the Guarantor for Infancy, has spoken out against the spread of unfounded theories in courts. She reminds us that the construct of parental alienation has been repeatedly condemned by the Supreme Court as unscientific and banned by UN recommendations. Yet, this construct continues to influence the outcomes of proceedings under new definitions that do not change its essence. Terragni also announced plans to renew the protocol with law enforcement and social workers to restrict forced removal of children to only the most serious cases where their safety is at risk.
In light of these developments, it appears that the Italian legal system is evolving to prioritize victim safety and prevent secondary victimization, taking steps toward ensuring a better and safer future for all involved.
- The ongoing issue of women trapped in domestic violence, fearing loss of child custody, is not isolated; many hesitate to report due to misinterpretations in custody proceedings by civil judges.
- The Italian government recognizes this issue, as outlined in the White Paper on training against violence against women, advocating for measures such as avoiding mediation in presence of violence and appointing specialists trained in family violence.
- The awareness campaign by the Protocollo Napoli study and research center aims to stop the use of Parental Alienation Syndrome, a discredited theory that has been used to hide violence against women and minors.
- Marina Terragni, the Guarantor for Infancy, has voiced concerns about the ongoing influence of unfounded theories in courts, urging renewal of protocols with law enforcement and social workers to limit forced removal of children only to serious cases where safety is at risk.
- With these developments, the Italian legal system seems to be shifting focus towards prioritizing victim safety and preventing secondary victimization, moving towards a future that guarantees a better and safer environment for all.
