Visitation rights in case of refusal of the child
After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the days and hours and any extended periods of time […]
If the spouse refuses to leave home
The legal separation judgement, once issued, has an immediate effect, with the consequence that the former spouse must leave the house immediately. If, however, he or she refuses to leave the marital house then there are several legal instruments that can be used through the assistance of a lawyer. The first step to be taken […]
No cohabitation required for residence permit renewal
Once married to an Italian citizen, the foreign citizen has the right to obtain a residence permit for family reasons, the renewal of which can be issued even if the couple no longer cohabits. The residence permit for family reasons allows to carry out any category of work and it allows access to social services, […]
Recognition of abroad surrogacy
According to a recent interpretation, the child’s right to the respect of private life, under Article 8 of the European Convention on Human Rights, requires the States to provide for the possibility of recognizing the relationship of parentage between a non-biological mother and a child born through surrogacy. According to the interpretation of the European […]
Inheritance and non-divisible property
Under Italian Inheritance Law, Article 720 of the Civil Code provides that if there is a non-divisible property, as part of the estate, the Court may use the criterion of the preferential assignment to the holder of the greater quota of inheritance. This principle was recently confirmed by the Italian Supreme Court, which ruled on […]