Domestic violence and abuse in Italy: an overview
The offence of domestic abuse occurs when the offender habitually perpetrate harassment conducts towards another subject that is dominated by such unlawful behaviours. This offence is characterised by a repeated physical and moral violence that determine victim moral pain and discomfort. Regularity of the conduct In order to determine domestic abuse offence, offender’s conduct must […]
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 […]
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 […]
What if you fail to pay children maintenance contribution? In Italy It can be prosecuted ex officio
According to the Italian Law, failure to pay children maintenance contribution is considered an offence that can be prosecuted ex officio. On 4th of September 2019, Criminal Section of Italian Court of Cassation has excluded the extinguishment of non-payment child maintenance offence through the remission of the lawsuit. Italian Supreme Court has confirmed that non-payment […]
Is repayment due when you receive a loan from your spouse?
Loans between family members and relatives are often used as a form of support for circumstances of particular need. It is generally not necessary to use contracts to formalize these forms of support. However, in Italy, family loans are allowed and ruled by law. A particular form of family loan is the loan between spouses. […]