Not every tension between ex-spouses or communication difficulties constitutes an automated crime. This was established by the Court of Castrovillari, fully acquitting – “because the fact does not exist” – a young mother accused of having evaded the civil provision regarding custody of her minor child, preventing her ex-husband from exercising his right of visitation. A judicial affair born from the complaints presented by the man to the Carabinieri of Rossano Centro and culminated in a trial which, when the facts were put to the test in the courtroom, completely dismantled the accusatory system.
The ex-husband’s complaint and accusations
It all started from the conditions established by the Civil Court for the management of the child at an early age: joint custody, prevalent placement with the mother, right to visit the father for two days a week, alternate Sundays and divided holiday periods. According to the ex-spouse’s hypothesis, however, the woman would have implemented systematic obstructive conduct to hinder the father-son bond. In support of his accusations, reports of unanswered calls, phones being turned off and the mother not being available without apparent justification. Elements that the man also confirmed during his testimony at the trial.
The reasons for the acquittal
During the trial, the narrative of the facts broke down in the face of the preliminary investigation. Listening to the witnesses cited by the defense and the detailed analysis of the documents demonstrated that there had been no malicious intent or sanctionable conduct aimed at evading the prescriptions of the civil judge. Fully accepting the arguments and requests of the lawyer Francesco Nicoletti, the judge of the Castrovillari Court acquitted the woman with the broadest formula, reaffirming the clear boundary between the physiological and sometimes complex dynamics of post-separation management and the criminal relevance of the disputed behaviors.