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 […]
Protests against the bill Pillon
The legislative proposal on shared custody of children in separated couples is called “DDL Pillon” and it is inspired by the principle of “perfect double-parenthood” and wants to replace the previous law on joint custody (Law no. 54/2006). The text, widely discussed and debated, cancels the alimony, provides for double domicile of the child and […]
Guide to Italian Stepchild Adoption
The stepchild adoption has existed since 1983 with Law no. 184. However, the application of the law was limited only to heterosexual couples. Law no.184 permits the adoption of the biological child of one of the spouses. In particular, this adoption requires the following elements: The consent of the biological parent; The consent of the […]
Italian Court on overnights with the father
On September the 5th, the Court of Trieste disregarded the requests of a mother who, while not questioning the shared custody of the child, did not want the minor to spend the nights with the other parent, until the minor would be four years old. In detail, according to the judges, the child custody must […]
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 […]