Italian separation law and spouse’s visiting rights.

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 […]

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

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 […]

Limited visiting rights under shared custody regime

Italian Cassation Court held that only the judge is entitled to make all the arrangements for exercising parental visiting rights. In particular, taking in consideration minor’s interest, the judge is entitled to reject spouses’ timing of visit. The first-instance Court has found that father’s visiting hours were too much fragmented complex, and dysfunctional. Then, in […]