Post Separation Fathering. The contribution of the ECHR in the protection of children and non-resident parents’ right to mutual enjoyment of each other’s company

Four recent judgments issued by the European Court of Human Rights raise the question of whether the right of children and non - resident fathers to mutual enjoyment of each other's company is effectively protected in Italy. A careful scrutiny of the Italian system seems to show that courts seldom use punitive measures to enforce contacts orders. Indeed, such measures are often deemed inappropriate. According to the Strasbourg Court, national authorities should ensure the implementation of the judicial order on access through a combination of both punitive and ‘promotion’ measures, such as family mediation and psycho-therapeutic interventions. Such an approach seems useful not only in the few stereotypical cases of a single implacably hostile parent, but also in the many cases involving high levels of parental conflict and/or allegations of child welfare or safety concerns.