BOLZANO. 6% of the Prosecutor’s Office’s work involves family conflicts. Looking at all the bad things that happen these days, quite a bit. Separations not accepted, stamped papers, refusals of a consensual settlement, arguments over the children.and the prosecutor’s Office tries to move on the check front which often dose not arrive for the maintenance of the latter. However, it is not enough: in 80% of cases the amount due is not recovered, opening the way to fines and convictions.
Another number that opens up a world: 95% of the omitted contributions for maintenance in the event of divorce or separation are borne by men. It’s the exes and not the exes who don’t pay. Here the gender gap and its fragilities re-emerge. Result? Five hundred complaints for failure to contribute. And the risk of a year in prison and heavy fines. In the middle, always them, the children, given that, according to the latest data from 2023, there are 921 entitled to help from one of the parents.
The number that holds everything together comes from Francesca Bortolotti, president of the Bolzano court:
«In the last year, separations and divorces reached the figure of 784. Of these, 550 were consensual and 240 were disputed».With a further scenario consideration: disputes are decreasing. Also due – even if the law is viewed askance by lawyers and judges – of the Cartabia reform, which removed the preliminary “filter” phase to arrive at a settlement before the hearings, inducing the spouses to find a solution on their own way out with no further potential conflicts in prospect.
A protocol to reduce tensions.
In this context of uneasy coexistence and even less shared but possible “wars of the Roses”, the definition of a memorandum of understanding reached by all the institutional subjects in the field – court, prosecutor’s office, lawyers and family law observatory – arises to a obvious reference text capable of tracing a series of variables in the separation process, capable of removing, if not the disputes between spouses, at least those between professional subjects in the field. «It’s a sort of handbook» defined it by President bortolotti.
The president presented the result achieved alongside the lawyer Isabel Brunner, who leads the South Tyrolean section of the Family Observatory. «There are guidelines for child support contributions – clarified brunner – the definition of ordinary and extraordinary expenses to be included in the allowance, a clear list of rights and duties. The judges – he added – are not required to slavishly follow the protocol but, given that it is a document also shared by them, it is likely that it will become a guide to which reference will be made”. For example, on the age limit of the child with respect to the allowance, not only linked to the age of majority but to the sharing of the educational cycle, the amount of the amounts based on defined parameters, the type of documentation and other aspects of the process.
P.CA.
How can families better prepare for potential disputes to avoid involving the legal system?
Interviewer (Time.news Editor): Good morning, and thank you for joining us today.We’re here with Dr.Elena Rossi, a sociologist who specializes in family dynamics and conflict resolution. Dr. Rossi, the recent statistics from the Bolzano Prosecutor’s Office reveal that around 6% of their work involves family conflicts. That might not seem like much at first glance, but it’s a significant issue. Can you shed some light on what this number truly represents?
Dr. Elena Rossi: Good morning! Thank you for having me. The 6% figure is indeed telling, as it reflects underlying societal pressures and challenges families face today. Family conflicts, especially those leading to legal intervention, frequently enough stem from deeper issues like financial strain, communication breakdowns, and societal expectations regarding relationships. Each case can involve complex emotions, particularly when children are involved, which makes these conflicts particularly challenging for all parties.
Interviewer: You mentioned communication breakdowns. In your experience, what are some common triggers that lead to these conflicts escalating to the level of involving the Prosecutor’s Office?
Dr. Rossi: A major factor is the inability to reach a consensual settlement. Ofen, individuals may feel hurt or betrayed after separations, making discussions about custody, financial responsibilities, and other arrangements feel like battles. When couples can’t find common ground,resentment builds,and that can lead to legal disputes. Additionally, many people are not fully prepared for the emotional upheaval of a separation, and their reactions can turn into conflict that the courts need to mediate.
Interviewer: That’s very insightful. It’s captivating yet concerning to see how these personal struggles can take on a life of their own and require legal intervention. What role do you believe the legal system should play in these family conflicts?
Dr. rossi: Ideally,the legal system should serve as a last resort rather than an initial response. Prevention through mediation and counseling is crucial. The courts can provide guidance and resolution, but they often lack the nuanced understanding of the family dynamics at play. It’s significant to encourage alternative dispute resolution mechanisms where families can engage with trained professionals to find amicable solutions before matters escalate to litigation.
Interviewer: Are there any particular strategies you would recommend for families going through these kinds of conflicts to resolve disputes more amicably and reduce the burden on the legal system?
Dr. Rossi: Absolutely! Communication is key. Families should consider engaging a mediator early in the process. These professionals can help facilitate discussions in a neutral environment, allowing each party to express their concerns and work toward a resolution that respects everyone’s needs, especially the children’s. Educational workshops on conflict resolution and effective communication can also empower families with the tools they need to navigate through their disputes more peacefully.
Interviewer: It sounds like education and proactive engagement are vital components. Do you see any programs in place currently that are helping to address these issues in Bolzano or elsewhere?
Dr. rossi: There are some great initiatives, such as family courts that incorporate mandatory mediation sessions before proceeding with litigation. Similarly, some regions have established community programs that provide families with resources and education on conflict management. However, there’s still much work to be done to ensure these resources are accessible to all families in need.
Interviewer: thank you,Dr. Rossi, for sharing your insights on such an important issue. It’s clear that tackling family conflicts requires a collaborative approach that includes education, mediation, and support from both legal and social services. We appreciate your time and expertise today.
Dr. Rossi: Thank you for having me! It’s been a pleasure discussing these crucial topics with you.I hope our conversation encourages more families to seek peaceful resolutions.