According to the Italian legislation, separation does not imply the dissolution of the matrimonial ties. However, separation entails the dissolution of marital fidelity and cohabitation duty. Moreover, separation is a temporary measure so that spouses may reconcile their positions.

Italian separation proceeding affects personal and economic status of spouses apart from affecting future relationships between spouses and children.

In the event no agreement between is achievable between the spouses, each spouse can start a separation proceeding in order to guarantee their rights. In such context, child custody is always a delicate issue due to children’s interest and right to live within a healthy familiar environment.

Italian Court of appeal sentence No. 507/19 has stated that the father with an extra-matrimonial relationship has no visiting rights. This sentence is based on two different motivation:

1)  – During the marriage, the husband had an extra-matrimonial relationship and he decided to leave the family house to start a new cohabitation with another woman. After that, children started to feel abandoned while considering the mother as the sole reference point;

2) – The children (Seventeen and twelve year’s old girls) have clearly expressed the will to not meet the father.

The Italian Court has confirmed that law cannot impose familiar relationship that are undesired. Doing so, children’s interest prevailed over father’s interest. Then, the law shall take in consideration the conscious and legitimate refusal to re-establish a relationship with one of the spouses.

VGS lawyers professional are able to assist you in family law matters including child custody and separation matters. Our lawyers have undertaken several divorce and separation cases achieving remarkable results. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.