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 […]

If the spouse refuses to leave home

If the spouse refuses to leave home The legal separation judgement, once issued, has an immediate effect, with the consequence that the former spouse must leave the house immediately. If, however, he or she refuses to leave the marital house then there are several legal instruments that can be used through the assistance of a […]

No cohabitation required for residence permit renewal

Once married to an Italian citizen, the foreign citizen has the right to obtain a residence permit for family reasons, the renewal of which can be issued even if the couple no longer cohabits. The residence permit for family reasons allows to carry out any category of work and it allows access to social services, […]

To install phone spy software is a crime

Installing a spy software on someone else’s phone that allows interception of communications is a crime, even if the person under control is fully aware of it. It is, in fact, a violation of Article 617-bis of the Italian Criminal Code.  The Italian Supreme Court recently ruled (judgement no. 15071/2019) clarifying that the spy software […]

Recognition of abroad surrogacy

According to a recent interpretation, the child’s right to the respect of private life, under Article 8 of the European Convention on Human Rights, requires the States to provide for the possibility of recognizing the relationship of parentage between a non-biological mother and a child born through surrogacy.  According to the interpretation of the European […]