The Case of Relocation and Shared Custody: A Legal Perspective
The case follows common patterns found in similar situations. A separated mother, who is the primary caregiver for three children, approaches the court in N. seeking permission to relocate to P with her children, citing professional reasons as a physician. The court grants approval; however, due to the considerable distance of approximately 850 km, the […]
Domestic Violence: Habitual and Repetitive Harmful Behaviors
Article 572 of the Italian Penal Code addresses “Domestic Violence Against Family Members and Cohabitants,” stipulating that anyone who mistreats a family member or cohabitant is punishable by imprisonment from three to seven years. The penalty increases if the offense occurs in the presence of a minor, a pregnant woman, or a person with disabilities. […]
Exclusive and Super Exclusive Custody: Prerequisites
The court grants exclusive custody when it deems that shared parenting does not protect the child, based on concrete and assessable circumstances. Exclusive custody is established when a parent fails to care for or educate the child, does not meet the child’s needs, has been convicted of serious crimes, is dependent on alcohol or drugs, […]
The Right to Bilingual Parenting as a Child’s Right
On May 7, 2024, the Italian Supreme Court clarified the criteria governing the right to bilingual parenting for minor children, particularly in cases where the children are relocated a considerable distance from the father’s residence. This ruling emphasized the child’s right to maintain balanced and continuous relationships with both parents, in accordance with Article 337-ter […]
Can You Sell an Inheritance?
Accepting an inheritance can come with both benefits and liabilities. To avoid the risk of personal assets being seized due to debts left by the deceased, an heir can choose to accept the inheritance with the benefit of inventory. This option helps the heir avoid the confusion of personal and inherited assets, protecting personal property […]