In an order dated 18 December 2025, the Rome Court of Appeal reaffirmed the principle that an appeal brought against a court order warning a non-compliant parent must be declared inadmissible.
The Court recalled that, pursuant to Article 473 bis.39 of the Italian Code of Civil Procedure, measures adopted by the court in cases of parental non-compliance may only be challenged through ordinary means of appeal.
As a result, the right to appeal measures issued by the delegated judge during the evidentiary phase remains limited to the scope set out in Article 473 bis.24 of the Code of Civil Procedure. This provision allows appeals only against interim measures issued during proceedings that suspend or substantially limit parental responsibility, significantly alter custody or residence arrangements for minors, or place minors in the care of third parties.
The Court of Appeal therefore concluded that an incidental order in which the judge merely issues a warning to one of the spouses is not subject to appeal.
Such a measure may instead be challenged by submitting an application for revocation to the same judge during the proceedings and, if confirmed at the conclusion of the case, may constitute grounds for appealing the final judgment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
