Private violence
Changing the entire lock of main house door may constitute private violence? Changing the lock of the entrance door with the intention of preventing spouse’s access may constitute an act of private violence. In fact, art. 610 Criminal Code states that “whoever, with violence or threat, force others to do, tolerate or omit something”. Then, […]
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 […]
Alimony and Tax Return
Alimony is an economic emolument, consisting of a sum of money paid to the weaker spouse (financially weaker) or in the form of financial support for children. Generally speaking, the amount is generally determined by the court, so it is natural to ask whether the alimony should be indicated in the tax return or not.To […]
Child protection in Family Mediation
Mediation in Family matters is an alternative way of resolving disputes used in the family context, which is notoriously characterized by emotional and psychological related claims, which are difficult to be effectively managed in separation or divorce proceedings. In the Italian legal system, with the introduction of art. 155-sexies of the Civil Code. (now article 337-octies […]
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 […]