The most recent sociological literature on contemporary families stresses that relationships between parents and children are characterized by emotional communication, intimacy, and the individualization of the child. They also underline the complexity of these relationships as concerns the parental role, where the mother is no longer the sole model for expressive behaviour or the father the sole model for instrumental behaviour. As for the child itself, it should be noted that if it is to achieve
self-realization, it must be able to experience an ongoing relationship of mutual affection with both parents and the latter must recognize their child’s dual identity as a person who at once needs to be independent and to rely on their protection – as the situation demands. Sociological literature describes the contemporary family as individualist and contractual, but the child’s filiation is not seen as something fragile and rescindable: it is intended to survive spousal breakdown. Moreover, representations of filiation underline the fact that there is no particular need for congruence between the role of genitor and that of parent, as is made clear by the co-parenting that characterizes both the blended family and adoption. Current family legislation in western countries is attempting to regulate these complex situations by invoking the best interests of the child, but it also recognizes the subjective rights of children and parents. And this opens up potentially conflictual scenarios bringing into play all these rights, which are both interdependent and tangled together, since it is the parents who are responsible for the exercise of these rights – the right to protection, but also the right to freedom – enjoyed by their children. In order to find a way through this maze, juristic culture has recently developed the perspective of relational rights, a development that has significant implications both for the model and for the practice of family justice.

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