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 […]
Recognition of foreign judgments in Italy
Recognition of foreign judgments in Italy Following the enforcement of Law 218 of 1995, containing the regulation of the system of private international law, Article 796 c.p.c. was repealed, since Article 73 of the d.i.p. law replaced it with the application of Articles 64-65 thereof (as of Dec. 31, 1996). Recognition of judgments issued abroad […]
Wilful failure to execute a court order in relation to parent’s visiting rights
Wilful failure to execute a court order in relation to parent’s visiting rights The Supreme Court upheld the conviction of a mother for evading a court order concerning the custody of her minor daughter. In fact, the woman moved abroad with the child even though the judge had established certain conditions for the father’s visitation […]
Visitation rights in case of refusal of the child
Visitation rights in case of refusal of the child After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the […]
Equal time in co-parenting
Co-parenting is a principle established by the legal system that allows the active participation of both parents in the life of the progeny, having as the main measure the shared custody. The principle of co-parenting, however, does not involve the mathematical division of time to be spent with the children, but rather the active and […]