The Italian Shared Custody Regime

Italian Shared Custody Regime

Even though marriage is considered one of the most crucial aspects of human society, there are some undesired consequences that may arise from it. In fact, when the marital relationship does not work properly, many spouses decide to proceed with the separation or divorce. However, separation and divorce proceedings have inevitable consequences over the child or children born during the marriage. Within this scenario, it is fundamental to observe what rights, duties, and responsibilities arise.

As confirmed by VGS lawyers professionals, the custody regime of children born during the marriage is probably the most delicate issue linked to separation and divorce proceedings. According to the Italian Law, the shared custody regime is the default regime that rules the care of children in the event of the end of the marital relationship. Through the shared custody regime, the law ensures the following aspects:

  • A shared parental responsibility;
  • Spouses’ participation in the childcare and education;
  • Spouses’ necessity to be involved in the most relevant decisions in the interest of their minor child or children

Italian Shared Custody Regime

The shared custody regime in Italy has been introduced in 2006 with the purpose of integrating within Italian jurisdiction the principle of the joint parenting. This is so important that the Italian Civil Procedure Code states that the judge shall first give priority to a shared custody. On the contrary, there must a be a specific reason to opt for the sole custody regime. In fact, the best interest of the child means that children shall maintain a balanced and ongoing relations with both spouses.

VGS lawyers confirm such a legal trend. In fact, according to their experience, only in a few cases the sole custody regime is a solution. In addition to that, under shared custody regime, VGS professionals clarifies that there is a natural preference to leave the residence of the child in the mother’ house. This is because the mother has always been considered the most adapt figure for childcare and education. However, once the judge decides that child will leave with the mother, they also decide the modalities through which the father will participate to childcare and education. However, few decisions of Italian Court deny such dominant placement of the child trying to affirm a shared placement of the child in both parents’ houses. In this sense, according to the best interest of the child, both spouses may be the primary carers of the child.

In the context of a shared custody regime, both spouses may ask for a family allowance. This means that spouses must find an agreement in this sense. In case of lack of agreement, the spouse’s carer of the child will prevail over the other spouse.

VGS lawyers also affirms that child must be heard in the context of child custody decisions.

In fact, the legislative decree 54/2013 states that the minor must be heard by the judge in the context of those proceedings where their life might be affected by judges’ decisions. It is important to highlight that, regardless of the type of decision about child custody, the spouse will always have the right to call for a revision of the judge’s dispositions. With the purpose of avoiding groundless requests for revision, the judge has the power to adversely assess spouse’s behaviour; with consequences regarding the custody of the children.

What affirmed above is crucial because the Judge is a crucial figure in child custody proceedings. In fact, once affirmed the importance of the moral and economic assistance of children, the law provides the Judge with the power of deciding the detail of the custody such as, modalities of spouse and child encounters, the way spouses will contribute to child education and care.

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