VGS-family-lawyers
London

+44 2039665531

Milan

+39 0250043613

  • Home
  • Who we are
  • Practice Areas
    • Separation and Divorce
      • Divorce Lawyers in Italy
      • Child Custody
      • Alimony
    • Inheritance
      • Italian Inheritance and Succession
      • Probate and Contested Probate
      • Wills
    • Tax
      • Asset Protection
      • Estate Planning and Management
      • Trust
    • Relocation
      • Italy Real Estate Legal Advice
    • Criminal Law
      • Stalking
      • Defamation
      • Domestic Violence
    • Juvenile Law
      • Adoption
      • Child Abduction
      • Stepchild Adoption
    • Personal Injury
      • Product Liability
      • Road Accident
  • People
    • Avv. Valentina Giarrusso
    • Avv. Giuliana Marchese
    • Avv. Federica Cicero
    • Avv. Stefania Calandra
    • Avv. Francesco Di Leonardo
    • Avv. Manlio Beninati
    • Avv. Antonio Petrin
    • Avv. Enrico Filpi
    • Dr. Fabrizio Di Patti
    • Dr. Roberta De Simone
    • Dr. Mirko Graditi
  • News & Blog
  • Discounted online consultation

Divorce and Separation: Minor’s right to not see one of the spouses

  • by VGS' Editorial Board
  • 19 November 2019
  • Comments (0)

Under separation or divorce regime, Italian Courts always focused on minors’ interest and wellbeing. In such context, minor’s interest is the leading parameter according to which judges arrange separation or divorce procedure.

 

Art. 709 ter Civil Procedure Code applies in those cases where it may arise controversies or non-compliance in the context of shared custody regime or responsibility for the minors. However, in the event the minor refuse to see one of the spouses, art 709 ter is unfeasible. In fact, social service and court expert have confirmed minor has taken such decision under her responsibility and autonomy.

 

The spouse had submitted numerous complaints in order to re-arrange minor custody regime. Moreover, the spouse claimed that minor’s decision to not see him has been influenced by the other spouse. Under these circumstances, re-arrangement of shared custody regime seemed needed.  However, court has stated that the minor has the right too not see and visit one of the parents. In this case, the minor-parent relationship was not beneficial and positive. In particular, minor anxiety status has been caused by parent presence and behaviours.

 

Under these circumstances, minor freedom and interest constitute the corner parameter of courts decision. 

  • Italian Divorce
  • Italian Separation
  • Minor
  • Visiting Rights
  • Share:
Previous Article: Psychological violence and subjection state: you could face up to 10 years imprisonment
Next Article Damage for loss of chance under Medical Malpractice liability?

Practice Areas

  • Divorce Lawyers in Italy
  • Tax
  • Relocation
  • Italian Inheritance and Succession
  • Criminal Law
  • Juvenile Law
  • Personal Injury

Contact Us Now

    Tags

    Adultery Alimony Child Maintenance Child Support Compensation Coronavirus Former Spouse Infidelity Italian Adoption Italian Alimony Italian Allowance Italian Child Custody Italian Child Maintenance Italian Child Support Italian Contracts Italian Criminal Law Italian Divorce Italian Divorce Judgment Italian Family House Italian Family Law Italian Family Mediation Italian Inheritance Italian Legal Advice Italian Marriage Italian Medical Malpractice Italian Minor Italian Personal Injury Italian Property Italian Property Transfer Italian Real Estate Italian Residents Italian Separation Italian Shared Custody Italian Stepchild Adoption Italian Tax Italian Will Legal guide Parenthood Personal data Relocation in Italy Road Accident Sole Custody Stalking Supreme Court Visiting Rights

    Social Links

    • Facebook
    • Instagram
    • Twitter

    See also:

    VGS Lawyers

    VGS - Corporate Lawyers

    © Copyright 2022 | VGS - Italian Family Lawyers | All right reserved.