Litigation on parental responsibility: some notes on the coherence and integrity of discipline

Abstract

In the field of parental responsibility there are several keys of the loss of consistency in legal discipline: It has always been the object of attention from several instances, which has generated a plurality of sources of regulation that should be demarcated, coexisting rules that are not always coincident in their solutions; there is also the added problem that this is a topic that does not usually appear in isolation (rather, it is usually one of the issues that are decided in a divorce process), and that again causes the irruption of as many regulations as problems; unity is lost when, within the same legal text, heterogeneous ways of extraterritorial effectiveness of resolutions are articulated; finally, mutual trust within the EU has disarmed states in front of decisions from another MS when it could be case of decisions ignoring the essential postulates of the forum.