Note critiche sulla (ir)rilevanza della violenza di genere nelle decisioni in merito all’affidamento e alla gestione dei figli nella prospettiva del diritto privato

This paper provides a critical analysis of private law rules governing the relationship between parents and sons in gender violence cases. The main objective of the work is to understand whether and how private law, insofar as it affects decisions regarding the relationship between children and their parents, is sensitive to situations of gender violence. More specifically, the paper analyses a) the «visibility» of this violence in civil law actions on the custody of children and on the regulation of meetings between parents and sons and b) its impact on applicable rules. In order answer these research questions, both case law and recent Italian reform proposals are considered.