Prevalent residence order of the child and limited visiting rights does not exclude shared custody
By judgement no. 22219/2018 the Italian Supreme Court has confirmed that, in the context of shared custody regime, it is possible to limit husband’s right to visit and ordering child’s prevalent residence at mother habitation. Italian legislation about shared custody does not exclude the prevalent residence of the child at one of spouses’ residence. In […]
Guide to Italian Stepchild Adoption
The stepchild adoption has existed since 1983 with Law no. 184. However, the application of the law was limited only to heterosexual couples. Law no.184 permits the adoption of the biological child of one of the spouses. In particular, this adoption requires the following elements: The consent of the biological parent; The consent of the […]
Protests against the bill Pillon
The legislative proposal on shared custody of children in separated couples is called “DDL Pillon” and it is inspired by the principle of “perfect double-parenthood” and wants to replace the previous law on joint custody (Law no. 54/2006). The text, widely discussed and debated, cancels the alimony, provides for double domicile of the child and […]
Divorce. How to quantify the alimony
The Joint Chambers of the Italian Supreme Court have recently established the criteria upon which the allowance has to be quantified in a divorce proceeding (SS. UU. Judgement of July 11, 2018, no. 18287). In order to calculate the divorce allowance referred to in Article 5 of the L. 1 December 1970, n. 898, it is […]
New legislative proposals on Law on shared custody (DDL Pillon)
One of the most discussed bills deposited in the first months of the 18th-century aims to radically reform various Italian family law institutions. From the first reading of the bill, it is clear the attempt to overcome the results obtained from legislative and jurisprudential evolution concerning the protection of the “best interest of the child”.The bill concentrates […]