a trail of blood FABIO Nestola (2003)
murder and suicide among separated parents: analysis of the emerging phenomenon
The root causes of the peaks of despair leading to suicide off and there is a risk factor that is systematically concealed. The interruption
legal parental project.
It has nothing to do with child custody: sole custody with much as with the shared custody, the trend of the Italian courts is to treat persisting in not wanting to form and content of both parental roles, limiting acquaintances and the influence of the father's role in the process of raising children.
The project is independent of the parental conception, the transmission of the genetic and the pregnancy itself, goes much further: it is an educational project in the long term care and a process of transmission if that accompanies (or should accompany) the children in the twenty years after the birth.
forced exclusion from the project, the reduction in marginal roles, the chronic limitation to a subordinate role compared to the other parent, the de-legitimization of the father figure, mortification, the total inefficiency of the counter and legal status of "intruder "deriving from them are the springs that trigger the downward spiral of despair that leads to incidents of crime.
The father who asks to remain seized of the children after the separation is perceived by the majority of the Italian courts come individuo che tenta di invadere un territorio altrui; quindi da circoscrivere, ridurre, contenere.
La parola d’ordine è limitare.
Prova ne sia che - anche dopo la riforma dell’affido condiviso - i tribunali continuano a concedere un avvilente “diritto di visita” - creato arbitrariamente, ma inesistente nella normativa - limitato prevalentemente alle misure standard di due pomeriggi a settimana e due domeniche al mese.
Qualcuno provi a smentire.
L’orientamento prevalente, in sostanza, continua ad essere improntato al “minimo indispensabile”, contrariamente alla riforma voluta dal Parlamento e soprattutto al diritto dei minori.
Che tale modus operandi si traduca in a specific exclusion from the lives of children, and is perceived as a reduction to "accessory useless", as "disturbing" by the person who undergoes it is not difficult to understand.
As it is not difficult to understand that the forced interruption of a whole life plan and relationships with children deprived of any spontaneity, limited in time and manner required by the sentence, constitute a veritable rape of the reports.
Rape reports also worsens whenever the poor while the "right of access" is subordinated to the will of the parent who has a real and not so hidden power over their children, the parent prevails (Trustee before the reform, collocatario after 2006, this term created arbitrarily, even if it does not exist in law) impedes or prevents the parent-child meetings.
interpretations are hasty and superficial, therefore, interpretations that are usually given to the despair that leads to incidents of crime:
- failure to accept the end of the relationship
- expulsion from the matrimonial home
- mental disorder
- morbid jealousy
is always "forgotten" more or less consciously the root cause: the rape psychological-legal relationship created by the interruption of the parental project.
do not recognize the pain and despair of the father of private children are not recognized the difficulties faced by a male parent in groped to restore the rule of law, not for the disparities by gender assessment of the parent who does a crime, whether it be a conditioning of the children, a barrier of acquaintances a final removal or construction of false accusations for the sole purpose of eliminating the other from the lives of children.
Eventually, the father relegated to a corner, dwarfed in the form and content of its role, deleted, mocked, canceled, delegitimized and unfairly dragged into court to defend themselves against false accusations slanderous, crosses the threshold of any human endurance: someone give up and surrender to go ahead uphill, some are content to remain confined outside the child's life, someone else goes crazy.
But who kills or is killed, he was crazy or something of its generated power and the madness? This is madness
chronic, a genetic tare? However, regardless of the limitation in the relationship with the children that day would have been a massacre? Or there are some very specific reasons that they did reach the peak of despair not see other solution than death?
And above all, the system can continue to feel and proclaim himself at fault?
data and observations
monitoring following is part of the longstanding commitment of the Permanent Observatory on separated families nel raccogliere dati non resi disponibili da fonti ufficiali.
ISTAT e Criminalpol prevedono la voce “omicidi in famiglia”, vale a dire i fatti di sangue maturati fra parenti di vario grado.
Tra gli omicidi in famiglia sono però comprese diverse tipologie di delitto che non hanno nulla a che vedere con crisi di coppia e figli contesi.
Una percentuale rilevante di omicidi in famiglia, inoltre, è concentrata in due filoni che riguardano vittime appartenenti a fasce d'età diametralmente opposte, i neonati e gli anziani:
- i cosiddetti delitti eutanasici, quei delitti nei quali la molla che spinge ad agire is the desire to end the suffering of a terminally ill joint.
macrogroup No official voice of "family offenses" includes a sub-group-specific social problems related to separations, divorces and deaths of coexistence, therefore, the Permanent Observatory of FeNBi is about the only source, albeit unofficially, for 14 years .
comparing monitoring results with observations on the increasing responsibilities of the new fathers to their offspring (father pride), shows an alarming fact: a father's increased participation in the parental project is equal and opposite reaction of increased desperation in case of power the project.
Prompted by this observation, has matured the decision to go into that, making a search on their own acts of violence, the extreme expression of psycho-emotional instability resulting from the separation.
The causes of action are always looking for the blatant jealousy and resignation to the failure to end the relationship, but it is now essential to break down stereotypes and to consider the most important reason though - more or less deliberately - ignored the despair generated by the loss children.
monitoring carried out by the Permanent Observatory of the Fe . N.Bi., extrapolating suicide cases from the archive of bloody completed within separations, divorces and deaths of cohabitation.
The list includes the date of the episode, the title of record, where and victims
U - Man, D - Woman B - child.
In the first column of the victims acronym refers to the suicide, subsequent to any other parties involved
07 04 96 psychologist fire to get back her daughter Aosta U
20 05 96 Ex Agent suicidal split from his wife Ascoli Piceno U
18 06 96 Do not want to separate, the strangles and kills Ancona U, D
24 06 96 Son of separate suicide at 11 years old Milano
B 05 08 96 The parents split up, it kills fourteen Syracuse
B 16 10 96 Separated: down Rome from the fourth floor U
26 05 97 He throws the window U
Milan 27 05 97 In front of the daughter kills his wife and then shoots himself Salerno U, D
28 05 97 hangs himself at the window of the former wife Roma 06 06 97 U
hurts his wife and then s 'kill U Udine
23 08 97 strangles his wife and throws himself into the void Rome U, D 09 09 97
kills his daughters and it shoots Rome U, B, B 23 09 97
kills his daughter and then shot Varese U , B
15 03 98 It binds the hands and feet, then hangs himself
U Roma 14 Roma 05 98 Suicide nuns U
15 05 98 Separated from his wife, hangs himself from a tree U
Rome 24 05 98 Suicide for the sake of Varese parents
B 03 06 98 kills and kills his wife Naples U, D
06 08 98 Kill ex-wife and father- Rome then kill U, U, D 09 09 98
kills his daughters and it shoots Rome U, B, B
23 10 98 Father kills himself because he can not see the children Savona U
31 10 98 committed suicide because his wife did not him see the children Cagliari U
21 12 98 Yet another argument with the former, he kills and shoots Arezzo U, D
16 01 99 shoot his wife and commits suicide by psychologist Trent U, D
05 02 99 kills wife and flows from the third floor Cuneo U, D
19 03 99 kills wife and commits suicide Power U, D
24 03 99 separate physician kills wife and commits suicide Bologna U, D
28 04 99 young mothers from fire get back the children Trapani D
09 04 99 Shoot the former and then kill Brescia U, D
22 07 99 Can not see children, pharmacist shoots Grosseto U
02 09 99 Separated from his wife sets fire to himself Rome U
02 10 99 kills wife and shoots Syracuse U, D
01 02 00 Can not see his daughter, police officer kills himself Savona U
14 03 00 fights with his wife and kills himself Rome U
05 04 00 kills wife then shoots himself in Turin, U, D
10 04 00 strangles his wife and kills himself Savona U, D 07 05 00
kills his wife and hangs Roncello (MI) U, D
22 06 00 kills mother, wife, two daughters and then shoots himself in Agrigento U, D, D, B, B
06 07 00 kills wife and commits suicide Torino U, D
08 07 00 kills wife and commits suicide scissor Trapani U, D 12 07 00
take away the two children are killed Milan U
25 07 00 Imprenditore suicida S .Felice (RM) U
29 07 00 Maresciallo uccide la moglie e si suicida Bologna U,D
14 08 00 Uccide moglie, figlio, due parenti e si spara Bolzaneto (GE) U,D,B,U,U
15 08 00 Si dà fuoco dopo l'ennesima lite con la moglie Roma U
15 08 00 Accoltella moglie, suocera e si uccide Loreto U,D,D
21 10 00 Spara a moglie e tre figli, poi si toglie la vita Alberga (SV) U,D,B,B,B
05 12 00 Finanziere si spara in caserma Roma U
13 12 00 Suicidio dal ballatoio Roma U
16 12 00 Si toglie la vita cardiologo del S. Camillo Roma U
20 02 01 I genitori litigano, giù dalla finestra a scuola Foggia B
19 05 01 Ammazza moglie e suocera, poi si suicida Roccella (RC) U,D,D
12 08 01 Monteverde: si uccide coi gas di scarico Roma U
27 09 01 Ammazza moglie, figlia e si uccide Cremona U,D,B
30 09 01 Uccide la moglie, la figlia e si impicca Ascoli Piceno U,D,B
30 09 01 Ferisce a morte la convivente e si spara Foggia U,D
19 11 01 Uccide la moglie e si suicida Bologna U,D
25 11 01 Taglia la gola a moglie e figlia, poi si suicida Varese U,D,B
10 12 01 Due morti in casa:omicidio/suicidio Roma U,D
17 12 01 Poliziotto uccide la sua ex e si spara Cesena U,D
08 01 02 Suicidio in ufficio Roma U
13 01 02 Uccide la moglie e si spara Mantova U,D
04 02 02 Impiccato nei giardini pubblici Jesi (AN) U
08 03 02 Si suicide after the massacre Verona U, D, D, U
13 03 02 Shoot the wife, the crowd and kill Milano U, D
19 03 02 Slaughter for the sake of the children at Anzio Anzio (RM) U, D, B, B
27 03 02 Cassie Young kills Guidonia (RM) U
03 04 02 Abandoned by his wife is thrown from the balcony Rome U
18 04 02 Balduina kills his wife and shoots Rome U, D 09 05 02
boy suicide Chieti U
13 06 02 kills wife and lover, then shoots himself Reggiano (SA) U, U, D
14 06 02 decide to separate, are fired by the legal Varese U, D
01 07 02 kills and shoots his wife Bari U , D
17 07 02 shooting at the bar, then suicide Bagnara (RC) U, U
27 08 02 stabs and kills her daughters Arbatax (NU) U,B,B
03 09 02 Soffoca i figli e si getta nel vuoto Caltanissetta U,B.B
10 09 02 Si impicca: le avevano tolto i figli Chieti D
10 10 02 Lo vuole lasciare: le spara e si ammazza Albosaggia(SO) U,D
17 10 02 Strage in famiglia e poi il suicidio Chieri (TO) 3U,4D
19 10 02 Salto nel vuoto dopo la separazione Palermo U
20 10 02 Omicidio-suicidio Benevento U,D
12 11 02 Annuncia il suicidio: impiccato in cella Milano U
19 11 02 Bancario suicida dopo la strage Melano (CO) U,D,B,B
10 12 02 Strangola la moglie e si impicca Cagliari U,D
16 12 02 Accoltella la moglie e si getta nel vuoto Orvieto (TR) U,D
26 12 02 Impiccato in cantina Genova U
04 01 03 Uccide his wife and jumps off the terrace Rome U, D
22 01 03 kills son and commits suicide Cream U, B
21 02 03 Suicide in self Avezzano (AQ) U
05 03 03 Kill his wife and daughter, then Novara hangs U, D, B 19 03 03
strangles his wife, then hangs himself in cell Macerata U, D
10 04 03 The massacre, then kills Pisa U, D, B 07 05 03
Eleven shots at his wife , then a mouth in Milan U D 29 05 03
kills his wife and jumps off the ninth floor of Milan, U, D 16 06 03
kills his wife and kills himself Saronno (VA) U, D
22 06 03 Cardiologist strangles wife and shoots Bagnara (RC) U, D
30 06 03 slaying the Egyptian family and kills Rome U, D, U, B
06 07 03 Divorced and no work kills Oristano U
09 07 03 Inspector is a massacre and kill Genoa U, D, B, B
11 07 03 It kills son in front of the Verona U
20 07 03 kills ex-wife and kill Massa Carrara U , D
09 08 03 kills two children and you shoot Trapani U, B, B
17 08 03 kills wife and commits suicide Padova U, D
13 09 03 It kills with the shotgun Ascoli Piceno U
16 Hanged in Garage Novara 09 03 28 09 03 Ferratella
U: U Rome swings hung
03 10 03 kills wife and commits suicide Milan U, D
05 10 03 Suicide at sea with young Messina D, B, B
14 10 03 Shoot and kill his wife and brother-in Turin U, U, D
20 11 03 kills wife and daughter and it shoots Catania U, D, B
19 12 03 Drown in the channel with the son of two years, Milan D, B
From the title alone, sometimes, it is not clear traceability of the episode to a matter of separation, which is apparent by reading further details collected by the reporter. We are in possession of press articles relating to each episode in the original examined by monitoring.
Nb dates refer to the news from newspapers, so the events occur the day before the date of publication.
Summary table
19 deaths in 1996/1997
31 deaths in the years 1998/1999
60 deaths in 2000/2001
111 deaths in the years 2002/2003
42 suicides as isolated incidents, with 42 victims (the only person who commits suicide)
69 suicides at the end of another crime, with 179 victims (suicide plus other stakeholders)
Authors: 103 men, 4 children, 4 women
The man is far ahead in the list of suicides linked to the unease generated by the separations and children competed with 103 cases out of a total of 111 (93%), followed by 4 cases of suicide in children and 4 cases of women who commit suicide life.
is no significant percentage differences extrapolating the only completed suicide among separated from data supplied by the total suicide research institutes.
75.6% of men and 24.4% women in 1997
76.3% of men and 23.7% women
in 1998, 74.8% men and 25.2% women in 1999
74.9% men and 25.1% women in 2000
75.4% of men and 24.6% women in 2001
74.8% men and 25.2% women in 2002 (source: ISTAT yearbooks; for 2002, data available up to August).
It follows that men, in any case, take their own lives in greater proportion than do women (about a female suicide every three male suicides), but without ever touching the peak of monopoly that is found among the separated. In
separations disappear or nearly the proportion of women to commit suicide, and for all other risk factors (loss of job, depression, loneliness, poverty, disease allo stadio terminale, scomparsa di un congiunto, etc.) si attesta invece intorno al 25% del totale, dal minimo del 23,7% nel 1998 al massimo del 25,2% nel 1999 e nel 2002.
La separazione, inoltre, rappresenta l'unico fattore di rischio che spinge al suicidio esclusivamente il padre, pur essendo l'unico fattore di rischio che coinvolge un target obbligatoriamente composto dall'identico numero di donne ed uomini.
E' ormai opportuno ripensare la definizione di soggetto debole, o quantomeno individuare - accantonando postulati e luoghi comuni - i soggetti che maggiormente vengono indeboliti dalla scissione della coppia e dalla conseguente involuzione del tenore di vita, ma soprattutto dall'affido esclusivo dei figli, dalla forzata inibizione parental relationships and the resulting friction.
Inhibition of legalized parental roles and relationships triggers a spiral of despair which suicide is the most striking, but not the only nor the most frequent. The bloody events are just the tip of the iceberg of a widespread social unrest dangerously.
E 'exclusion from life by the children to have devastating effects on social and emotional sphere of the subject and children are excluded.
A new type of weak is then continuously fed by the Family Law and the resulting case law is built on the established track of foster care parent, and by legal logic del conflitto e della mancata scissione fra ruoli coniugali e ruoli genitoriali.
Altro dato emergente, connesso all'incremento di separati che si tolgono la vita. Si modifica la tipologia dell'evento: il suicidio arriva con sempre maggiore frequenza al termine di una strage che coinvolge i figli e/o l'ex coniuge o altri componenti del nucleo familiare, con diversi gradi di parentela.
EPISODI AL FEMMINILE
28 aprile 1999, Trapani: una giovane mamma si cosparge di benzina perché i figli sono trattenuti dai nonni paterni che le impediscono di rivederli. Ricoverata in condizioni disperate, muore il giorno successivo.
10 settembre 2002, Chieti: una donna si toglie la vita perché non sopportava di vivere senza i figli, allontanati dai Servizi Sociali competenti per territorio.
05 ottobre 2003, Messina: una donna, depressa per la separazione, si getta con l'auto nelle acque del porto. Nell'auto ci sono anche i due figli.
19 dicembre 2003, Milano: una donna si suicida gettandosi con l'auto in un canale insieme al figlio di due anni, che temeva di perdere dopo la separazione.
I quattro casi di madre suicida rappresentano la conferma di come non contribuiscano solo gelosia, disturbo mentale o mancata rassegnazione alla fine di un rapporto (le motivazioni sempre addotte quando ad uccidere ed uccidersi è un padre), ma siano soprattutto l'allontanamento forzato della prole e l'inibizione del ruolo genitoriale a spingere i genitori a compiere gesti disperati. The interruption
legal parental project is experienced in large majority by their fathers, why are the fathers to form abundantly in the head in the list of authors of murder linked to the separation. And
to monopolize, or almost suicides.
A hypothetical rebuttal would be reversing the overall framework through systematic exclusion of mothers from reliance of the children, with the consequence of frequent and dramatically inhibit the influence in the growth process: the role reversal we would inevitably comment The survey of a majority of desperate women who kill and kill. We hope to remain in the field of hypotheses and not be forced to take macabre act of any rebuttal.
Before you invest the Permanent Observatory of the tough work of research that we would have gladly left to those who deal with statistics for institutional mandate, the Federal Council FeNBi was questioned at length about the officers because of the shortcomings in this regard.
The various research institutes, public and private, reveal a wealth of details on the life of an Italian tell us how much we spend for Christmas dinner, where and for how long we go on vacation, how many hours we spend driving, how much we spend for clothing , sports, culture and entertainment, as increasing adolescent bullying, as it increases the use of plastic surgery, and then how many deaths occurred before and quanti dopo l'introduzione del casco obbligatorio, quanti prima e dopo le cinture di sicurezza obbligatorie, quanti prima e dopo la patente a punti, quanti incidenti si concentrano nel sabato sera ed in quali fasce orarie, quanti delitti a scopo di rapina, quanti per mano di immigrati, quanti decessi dovuti al doping, all'anoressia, agli stupefacenti, al fumo, all'alcool, alla liposuzione, alla dieta fai-da-te …
I più diversi aspetti della vita quotidiana vengono osservati, sezionati, analizzati e catalogati per fornire un quadro statistico il più dettagliato possibile; il tutto suddiviso per anno, per trimestre, per mese, e poi ancora per regioni, province, città e piccoli centri, per sesso e per fascia d'età, income, education ... In statistics
so meticulous and capillaries but continues to miss the entry for the bloody events related to separations.
Why? Forgetfulness or accidental will clear?
version of the media at every act of violence is always separated from that of the isolated act of a madman. There is never an analysis of the phenomenon as a whole, although it is clear that when the so-called "isolated acts" are repeated in clusters, something in the system is not working as it should. No news organization
ricondurrebbe the isolated act of a madman the severity of a thousand deaths as a result of the use of anabolic steroids in bodybuilding and sports racing in general are not labeled as acts of madness, and precisely at some medical and some gyms are sought and are the drives of the spreading phenomenon.
is not stored as a mad rush to the debtor even despair that kills the moneylender because of his downfall, the community acknowledges the gravity of the problem and created a toll-free anti-wear, is allocated funds to save the activities of the hostage "loan sharks" The discomfort is contextualized and study countermeasures at government level.
Nobody has ever underestimated the Saturday night when returning from the clubs, they are not mentally ill children who die in car clubs are in fact just groped for the subject of legislation to stem the negative phenomenon (early closing, the decibel level, stop the sale of spirits, check for the spread of drugs, etc...)
Whenever a mass phenomenon produces devastating effects, the causes are identified and solutions are sought, always, within the context in which this phenomenon comes to life and develops.
What happens to any other social phenomenon is not the case for the failed management of marital conflict, which has the unique solution to the recurrence of conflict of laws.
When people die out by nightclubs looking for reasons in the dancing, and when people are dying out from gyms we seek the reasons in the gyms, but when people are dying out by the courts of the reasons we seek in the people.
is forbidden to observe and analyze the courts.
No official source has ever wanted to acknowledge, much less to study the connection between the restrictive measures in attendance with their children and the desperation that leads to suicide.
As for separations is in fact more convenient to download the liability alleged but never proved to be diverted personalities of the parties, taken out of context in which dramatic episodes mature. It should be remembered as a large percentage of the insane is not at all that up to half an hour before committing the crime: he has never experienced criminal impulses, brilliantly passed the test for the renewal of firearms or even serving in the military forces, paramilitary or guardian of order)
And if it happens that the homicide-suicide leaves of letters in which clearly identifies the inadequacy of the justice the spring of the trigger gesture of despair, then, these letters were seized in a hurry and is inhibited disclosure (if Gallop, Genoa, July 2003). According to the official thesis
each system operates at its best, if something goes wrong you can not search for cracks in the modus operandi of the judiciary and its consequences, but we must strive to limit the liability involved.
It 'true that who commits a murder and then commits suicide at the time of making the gesture is insane. But it is equally undeniable
dull short-sightedness does not want to contextualise the recurrence of episodes, for years the system unable to listen, recognize and manage the discomfort is at least as crazy murder-suicide that the pathogen is triggered by the context.
The desperate come to kill and killing is an effect, but what is the cause?
The answer is inconvenient, is not reading the defense of functional nerve center and then, to put it with Manzoni, not to be done, because the official story remains that of the isolated act of a madman.
wish to emphasize strongly: it is not an attempt to justify criminal acts, that they remain. E ', however, unsustainable in the face of a phenomenon of such proportions-Justice System continues to feel, and proclaim himself, blameless.
In recent years, one voice has escaped darkness: that of Robert Thomas.
Robert Thomas is Deputy Prosecutor took the Juvenile Court of Rome in the text measures to protect children (R.Thomas / M.Bruno - Giuffrè, 1998) casts doubt on the case Brigida. A
Civitavecchia (Rome) in 1994 Tullio Brigida, separate and father of three children, killed the children after receiving news that his ex-wife had asked the court in revocation of parental responsibility. Notoriously TDM may decide ex parte, without the obligation to listen to the version of people covered by the measures. Thomas's reflections revolve around the cause-effect relationship between the ablative and the event criminal action: the question of whether the conduct of Bridget would have been different if he had been heard and had not been interrupted meetings with children. "Maybe this would not have happened if he had fully implemented a procedure guaranteeing the parties with the hearing of Bridget and her three children."
In essence, Tullio Brigida was foolish of her, then sooner or later, however, would kill the children? Or
his madness was born from a specific event, castration legal parental role?
After the doubts raised by Thomas on the responsibility of the System, Journal of the darkness.
Faced with growing doubts raised by private unofficial social dealing with separation and children disputes.
Continuing analysis of data collected by the Permanent Council, it is clear that the people who over the years have turned to supporting structures for separated parents can be divided into two groups clearly separated from each other.
Mothers complain about difficulties in obtaining consistent with the contribution to the maintenance of offspring with three different modes:
• Who receives the check is not at all
• Who receives it from time to time
• Who receives a reduced amount than stipulated by the court.
Fathers complain highly repetitive strategies implemented by the former spouse to build barriers to visits with the children:
• Who can meet from time to time, according to the times and conditions laid down unilaterally by the former spouse, even abusing any consensual agreements established in court
• Who can not meet at all and has lost all contact, including phone.
In both cases, both for failure to comply with obligations to maintain the inhibition mode of attendance, you experience the denial of legal arrangement.
By social unrest resulting from separations emerge then the problems related to asset ball, characteristics of mothers, and those related to relational sphere, the prerogative of the fathers
ISTAT tells us that the custodial parent is the mother nell'oltre 87% of cases.
There is therefore either to be relatively minor, the mother should pay an allowance to former spouses, but fails to do so, as there is, or is irrelevant as a percentage, the father as a custodial parent obstructs or prevents relationships mother / children.
Based on this framework, objective look at the percentage difference of women and men separate and take their own lives, the total number of suicides provided by ISTAT.
Examining disruption occurred in the various structures of support for separated parents emerge, as we have seen, two main areas: economic and relational
are undoubtedly easier to suggest solutions when dealing with current economic problems. There are the demands for payment, there is a deduction at source directly from the employer, there is an art. 570 Criminal Code which punishes the parent inottemperante regard to the fee for child support, you can get help from Local Authorities and private social created to protect women, single mothers, separated women, etc..
E 'also under study in certain municipalities, the proposal to establish a fund to which they can draw women who do not receive the monthly check from former husbands.
However, beyond the effective solution of the problem, always long and cumbersome as with any legal process, is the psychological condition of the injured party to play its role, and is a key role. The subject gets harassed
recognition of his case by the public and private organizations to whom it is addressed and the knowledge that the same structures are activated so that their rights are recognized and, simultaneously, in order to punish the person inottemperante.
is not a simple process it 'fast, but it exists.
E 'fundamental there is, it would be devastating if it had not. When disillusioned
the legitimate expectations of money is granted the right of those affected should receive the money and, conversely, civil and criminal liability of those who that same money can not or will not pay it.
extremely difficult or even impossible to solve, however, the problems associated with current relationships. When disillusioned
the legitimate expectations of interacting with a child, does not recognize the right of both injured parties (it should be noted that the parent is entitled to the child, but especially the child is also entitled to the other parent), and are allowed in instances of child who aspires to make a esclusiva.Calpestando property rights and needs of non-custodial parent but, remember to boredom, trampling the rights and needs of children. All, curiously, packaged and sold to child protection.
It 's the difference in treatment to generate psychopathology, as well as the unsustainable finding of guilt as such is perfectly legal. There is the psychological condition of the injured party, if not confined to the mere perception of the person harassed.
System called upon to manage separation does not recognize and does not sanction infringement of a right as the interruption of the bilateral relationships between children and non-custodial parent.
Non-payment of contributions qualify as an offense under Article. 570 Criminal Code (breach of duties of care), so the child's right to receive assistance is, in case of default, an article of the Penal Code which provides for the sanction.
different treatment because of the difficulties of attending: The conditions for attendance among children and the non-custodial parent of the child is a right and a duty of care but, in the event of a failure, obstacles designed to inhibit the meetings may take the form - may .... rarely, but can - as a criminal offense under Article. Cp 388 (non-compliance of legal provisions).
In essence, children's rights are infringed when the non-custodial parent does not pay money, but are not affected when the custodial parent prevents them from meeting the other parent, often the other grandparents, uncles, cousins \u200b\u200b... in this case is the complainant, if anything, the authority of the magistrate.
This, in Italy, is the protection of minors.
We face the law does not recognize the rights, and is not a pun. The law includes frequent
570 and 388 very rare, despite the many complaints about meetings denied that usually are stored.
The proof: in 2001 for the first time the case ends up in the newspapers in which it is sanctioned non-compliance with the terms of attendance among the children and the parent without custody. It 's a rare procedure, so unusual that it became a news story! A clear distortion
the principle of equality of penalties and fairness of the punishment, in contravention of the rights of the child seen as real and unmediated.
Under the empire of the current guidelines, only the breach of an obligation of an economic nature is punishable as a criminal case independently.
It 'obvious that there is unequal treatment between the breach of two obligations:
- are enshrined in the same order of the court (the order issued at the end of his presidency, or the GI in the next phase of the case),
- have the same recipient (the child),
- have the same legal basis (they are both set to protect the rights of the child).
- Are of equal importance and dignity, then similar protection.
Violate a requirement of economic assistance involves direct injury to a child's right, while the breach of the obligations of attendance includes the application of a provision for the protection of the enforceability of orders of the court, not rise to the violation of another law of a minor who is to attend to both parents. But
art. 570 speaks of support obligations without limit the scope.
The Court has paved the way seen only in economic assistance, but what is also certified that assistance does not care for their children, spend time with them, help education, regularly attended, be present whenever they need it?
a legal consequence that the child has not a right protected equally, by the art. Cp 570 gives you direct protection of the economic rights of the child, by Art. 388 cp protection of the right of the child instead of a relational nature is mediated through the protection of the law that the judicial orders issued by it are respected. This unique mediated protection is therefore seen only in the breach of a relational nature, and not that of an economic nature.
-Justice System does not recognize and does not charge the twenty-year study on the psychopathology result from the separation from their children, not active enough to recover the lost matches, you do not enable to eliminate the boycotts and to ensure future regular meetings, it is not active for the return of a custodial parent who fled abroad with their children and even for the return of a custodial parent moved to another city, transfers that actually make it impossible mode of attendance as provided for judgments and decrees, even in the case of consensual agreements.
The AMA also hide the failure of operators to handle the friction torque silenced the same pair of a generalized conflict, even with undeniable, blatant, obvious conflict unilateral.
When a custodial parent denies the other children-justice system is not activated to sanction inottemperante part because the legal logic does not recognize that there is a part inottemperante.
Although in theory the non-compliance would be recognized by the law in practice is not recognized in case law.
System-separation has been prepared in accordance with the customs which is "normal" children are a single parent, is normal that those who are not foster care is relegated to a very marginal role, simply that children have meaningful relationships with one figure-driving, non-custodial parent asking the children to look closely is seen as an invasive intruder.
The vexed subject is well aware of the profound injustice in place by the other party but, if recourse to the appropriate channels to restore justice, the only result I can get is the additions of further injustice.
The spiral of despair that is triggered is devastating.
The custodial parent who fails to meet the children collides with a clear desire impediment of the counterparty, but also must face with what we have long been identified as the focus of malagiustizia in the field of family law: the principle of interest of the malleable child - totally devoid of features that identify - and the instrumental use made of it.
Theorising a top priority for the interests of the child, you change the interests of the child as a function of what, at the time, is instead the interests of the custodial parent, the only real object of protection by the whole system .
The non-custodial parent may not in any way rely on the support of Justice, who stood beside someone who is always, to postulate, given the weak subject to which any advantage can be guaranteed, starting with children RELIANCE .
The result is that it has created a new category of vulnerable people, those persons to whom the Justice System- offers resignation as the only solution untenable.
Another factor contributing to focus on the differences between financial problems and relationship problems: the possibility of help from friends and relatives.
are not rare cases of separated women who do not receive the check and struggling to pull ahead rely on more or less economic aid consisting of parents, siblings, new friends or more.
legalization is not a solution, it is not always feasible and certainly not remove the serious shortcomings of the former spouse, but it is undeniable that the network of relatives and friends constitute an important source of long waiting long periods of justice. The same principle does not
apply to relationship problems, no friend, colleague or family member will never lend his father the son who can not see.
And 'This is one of the substantial differences between the solution of problems of sphere sheet and solving problems related to the relational sphere: money is an impersonal, well then, whatever the source, is functional to the needs of those who need it : that arrivals from the former spouse, relatives, public or private, new partners, new spouse or new revenue.
reiterate: never remove the responsibility of the person inottemperante, which can not and should not bask nell'assistenzialismo contractors.
Children, in contrast, are not as impersonal. The father of which are prevented from contact with a child can not hope to solve the problem by having more children by a new partner, as it can not hope to alleviate their pain borrowing other people's children.
The different severity of the two distinct issues emerge analyzing those arriving at the peak of despair.
The man who can not see the kills and kills children, the woman who does not receive the check, no.
The new aspects of parental informed involvement emerged in recent years include a greater share in the different stages of growth of the offspring.
In case of separation, however, becomes dramatically and unbearably painful to accept that the father's role is deleted.
The tiger cubs which are removed bites, always. Ethologist no charges for this to be confrontational or uncooperative. The disgrace is not the fault of the tiger, but the inexperienced try to remove the puppy. Historically
has just bitten his mother, the father snaps today.
claims the right and duty to care for their children that same father, which for centuries has delegated and was impeached for doing that, then reorganized its role within the family and covered with new depth the relationship with the children .
Then we are surprised if they do not bow your head when the children are removed.
Unfortunately there is nothing unpredictable father who rebels against the expropriation of their offspring. In separations
the more vulnerable by definition not included in the list of suicides, subverting every study published in statistical yearbooks. Those who
is conventionally defined strong subject is pushed into a vortex so destabilizing as unresolvable, that more often leads to suicide. And one wonders why it happens, as if the mere fact of not belonging to the female gender to ensure water resistance to despair by the loss of offspring.
mothers suffer and get frustrated when deprived of their children, you know, fathers have suffered for centuries, for some reason now suffering as mothers? As never accepted with resignation beef? Why despair? Why the despair with no way out the door to increasingly extreme action?
The legal logic that persists in entrusting exclusive and defending to the bitter end of the custodial parent has resulted in damage - we hope - unintentional: to get carried away exceeded the protection of vulnerable subjects, reversing the underlying problem without solving it.
E 'would be expected that the goal of any democracy should be to remove the condition of weak subject, not to replace it with others.
not deleted the weak subject according to the most logical strategy, to equate sides, the gross imbalance in favor of the former produced a weak double negative:
- has reversed the factors without changing the product, thereby creating new
vulnerable - children deprived of 50% of their right to both parents.
Nobody has ever taken the responsibility to say that taking away their father, the children lose only 1% of the right to both parents, as 99% is guaranteed by the mother, which is thus the only subject worthy of protection.
No one has ever claimed that the father's role is good that should be restricted under the provision of funds, would take a lucky ticket, and children may also become orfani, tanto la tranquillità economica è garantita ed il padre non serve ad altro.
Da anni eserciti di neuropsichiatri infantili, Giovanni Bollea in testa, sostengono teorie diametralmente opposte.
Da sempre accesi sostenitori del concetto più puro di pari opportunità, non vogliamo pensare che tale principio possa essere stravolto in prevaricazione dell'altro.