The decision adopted just over two and a half years after the first hearing, held significantly on March 19, 2018, for Father’s Day.
The single judge of the Court of Enna, Marco Pennisi, fully accepting the defense arguments supported in court by the lawyers Lucia Mirabella and Salvatore Timpanaro, who defended a son abandoned by his father, sentenced the latter to pay damages.
The two lawyers had significantly obtained the setting of the first hearing of the trial for March 19, 2018, the day of the father’s Day.
A little more than two years after the start of the case and, therefore quickly enough for the Italian justice, the Court recognized the responsibility of the parent for the “deprivation of the parental figure“, Condemning him in favor of his son to pay compensation for damages paid in 10,000 euros, thus deciding, for the first time, a case of liability from”deprivation of the parental relationship“: intra-family offense consisting of ” lost “And the constant voluntary absence of one of the parents from the life of the child; loss, in fact, which causes a irreversible damage to his own personal identity.
Once again the law firm “Timpanaro & Partners” of Nicosia – expert in family law and criminal law of the family – brings to the attention of the judges a very original case, never faced before by the Enna judges, as well as the right of online visit on the web by the separated parent or the custody of minors to a homosexual mother.
The civil offense, recognized by the Court of Enna, is characterized as an active subject by the parent who failed to carry out his role and as a taxable subject by the child who lost, through no fault of his own, one of the two parents.
The lawyers Timpanaro and Mirabella write that “Since the separation with his wife, the defendant has in fact severed all relations with his son, who was just three years old at the time of his father’s abandonment. Since then, the defendant has consistently shown disinterest in his son, totally forgetting his existence. No parental relationship, no parental role, no paternal contact! “.
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