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 […]
Recognition of a foreign divorce
According to the conclusion of the Advocate General of the Court of Justice of the European Union, a final judgement of divorce has validity in Italy even if proceedings are pending.Nevertheless, continues the Advocate General, the judge must always verify not only that the judgement does not violate the fundamental rights and the public order principle, […]
Shared custody: distance is not an obstacle
The mere distance between the homes of the two parents does not represent an obstacle to shared custody. The fact that the father has not paid the child support cannot lead, alone, to a judgment of inadequacy to fulfill his parental role. For exclusive custody, in fact, both the judgment of adequacy of the custodial […]
Fine for father and mother who quarrel in front of children after separation or divorce
Father and mother not only have the obligation to support their children, providing for all their economic and food needs, but they must also satisfy all their emotional needs, safeguarding their mental and physical health. This means that the quarrels of parents in front of their children are not only deplorable from a moral point […]
The Italian minor right to be heard in relation to their custody
Minors under 12 must be listened to find out if they want to be with mum or dad With the ordinance n. 7262 of March 4, 2022 the Italian Supreme Court ruled that failure to listen to the under-12-year-old child about the parent he prefers to be with constitutes a violation of the cross-examination. In […]