Italian separation law and spouse’s visiting rights.
According to the Italian legislation, separation does not imply the dissolution of the matrimonial ties. However, separation entails the dissolution of marital fidelity and cohabitation duty. Moreover, separation is a temporary measure so that spouses may reconcile their positions. Italian separation proceeding affects personal and economic status of spouses apart from affecting future relationships between […]
Italian child custody and parental alienation: case commentary
In the context of separation or divorce proceedings, the assessment of the relationship between spouses and children is widely relevant. Child custody regimes involve different solutions for children care while taking in consideration only minor’s best interest. In such context, child custody might be affected by external behaviours made by one of the spouses toward […]
Child Custody and minor’s interest
Italian Court of Cassation has rejected a mother’s complaint against court’s decision in terms of shared custody regime. In particular, the Court confirmed the shared custody regime establishing the child will preferentially live with the father. In such decision, the Italian Court has confirmed that minor’s interest is the leading requirement. Subsequently, Courts need to […]
Limited visiting rights under shared custody regime
Italian Cassation Court held that only the judge is entitled to make all the arrangements for exercising parental visiting rights. In particular, taking in consideration minor’s interest, the judge is entitled to reject spouses’ timing of visit. The first-instance Court has found that father’s visiting hours were too much fragmented complex, and dysfunctional. Then, in […]
Children well-being after divorce or separation: The new sole custody
In the event joint physical custody is against minor’s interest, the sole or exclusive sole custody represents the only alternative. Generally speaking, Italian Family law aims to ensure the minor a continuing and effective relationship with both parents. However, in the event shared custody is against minor’s interest, he/she will be subjected to sole custody […]