Can an Aggressive Father Be Granted Child Custody?
The manifestation of aggression towards the child’s mother doesn’t always prevent the possibility of recognizing paternity and obtaining joint custody. When parents of a child separate, it’s customary for them to share joint custody, which implies equal rights, responsibilities, and decision-making powers. However, how much can a violent history towards an ex-partner affect the judge’s […]
Children heard in separation proceedings
In separation proceedings, children can be heard by the judge if they are 12 years old or older, or if they are considered “capable of discernment.” The hearing is conducted in a private and age-appropriate setting, ensuring calmness and confidentiality. Parents undergoing a separation procedure often worry about how their children will be involved. They […]
Child support – extraordinary expenses
Child support is a common source of conflict in separated or divorced couples. While regular expenses are typically included in the monthly support payment, the issue arises when it comes to extraordinary expenses that cannot be predicted in advance. Often, one parent covers these costs without consulting the other, leading to disputes over reimbursement. To […]
Parental Custody: Ensuring Children’s Welfare in Cases of Neglected Support
Father loses custody if he fails to support his children, according to the Milan Court. In cases where the father completely neglects his financial obligations, exclusive custody is granted to the mother. The court has the authority to override the rule of shared custody if it is determined to be detrimental to the child’s best […]
Extraordinary expenses for children: they do not necessarily have to be divided equally at 50%
The Italian Supreme Court, the Cassazione, has ruled that the payment of extraordinary expenses for separated children should not necessarily be divided equally, but rather divided based on the available financial resources and work capacity of each party. This decision was made in a recent case where, following a personal separation judgment in Milan, the […]