Separated Parents: Can Siblings Be Separated?

Placing children with two different family members: can it be done? Here’s what the jurisprudence says. If a couple separates, could the judge decide to place one child with the mother and one with the father? Before answering the question, a brief introduction is necessary, since there is often confusion between the custody of children […]

The Italian minor right to be heard in relation to their custody

child 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 […]

The Italian Separation Charge

Separation charge The separation charge can be ascertained and declared only in the judicial proceeding before the Court and is an alternative to consensual separation. Judicial separation, unlike consensual separation, always takes place before the judicial authority and is declared with a judgement.  Otherwise, the consensual separation, being the result of an agreement between the […]

Does the wife keep her husband’s surname after divorce?

For the Supreme Court, the husband’s surname can be kept after divorce when there is an interest worthy of protection. Article 143 bis of our Civil Code establishes that the wife adds that of her husband to her surname and keeps it even during her widowhood until she passes to a new marriage. However, this […]