News Supreme Court rulings March 2014

Obstructive mother can be fined if she obstructs relations between her son and the father she separated from.

The Supreme Court in its ruling No. 4176 of Feb. 21, 2014, ruled that the separated mother who obstructs the meetings, established and approved by the Judge, between the former spouse and the child can be sentenced to pay a fine because she violates the rules established in the separation.
The Supreme Court, in fact, clarified that the parent has a moral and legal duty to allow the children’s rapprochement with the other spouse by facilitating the meetings with the same. Conflicting relations between former spouses should not affect the peaceful and balanced relationship between parents and children, therefore, the parent who exercises obstructive behavior toward the other not only assumes a diseducational attitude but also creates considerable damage to the children’s growth path.

Establishment of DUI to the driver of a stationary vehicle.
In ruling no. 45514/2013, the Justices of the Supreme Court ruled that the DUI offense can be established even if the driver is found stationary instead of moving.
According to the Supreme Court, it is irrelevant that the vehicle was stationary at the time the inspection was carried out because case law has repeatedly stated that “stopping” constitutes a phase of traffic. The Justices also clarified that when the alcohol test proves positive, it is the defense’s burden to provide evidence to the contrary.

Loses maintenance for spouse who started a new de facto family.
In a recent ruling (Judgment No. 4539 of Feb. 26, 2014), the Supreme Court held that the more uxorio cohabitation of a former spouse who is the recipient of adivorce allowance can cause the obligation to pay the allowance to be suspended. In fact, the Court holds that if the cohabitation can be characterized as stable, lasting and such that it has given rise to a genuine de facto family, including, possibly, in view of the birth of children, this circumstance is eligible for the suspension of the payment of the aforementioned allowance.