Legal Question in Family Law in Italy

Re: Parental responsibility

To reply to your question I need some more information on the circumstances in which your child has been scared due to incident happened to your child's father in order to assume that he has a liability in the damages caused to your child.

Furthermore which kind of damages is possible to prove with evidences?

Your child lives and is resident in Italy like you?

Where do you live in Italy? are you far from Treviso, where I am, so we could meet?

I remain looking forward to hearing you

Avv. Luigi Walter Veroi

attorney at law

Corso Umberto I n.7

31046 ODERZO - TREVISO

tel 0039 0422 716905

fax " " 710753

mob. 0039 348 2223802

[email protected]

www.veroi.it

Re: Parental responsibility

according to the Italian private international law, (art,26 law n.218 /1995), the parental responsibility is ruled by the national law of the son: this means that if your son is a british citizen, the italian judge (who has the jurisdiction) should consider the british law.

In any case, according to the italian law, the parental responsibility, in case the parents are not married and don't live together, belongs to the parent who actually lives with the son.

According to the italian law, if the behavior of one parent may damage the son, the judge can oblige the parent to stay away from the son.

You have the same right as an Italian citizen, but for the parental responsibility you will consider the british law, even if you are resident in italy.

You should also consider the "The Charter of Fundamental Rights of the European Union":

Article 24

"The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They

may express their views freely. Such views shall be taken into consideration on matters which concern

them in accordance with their age and maturity.

2. In all actions relating to children, whether taken by public authorities or private institutions, the

child�s best interests must be a primary consideration.

3. Every child shall have the right to maintain on a regular basis a personal relationship and direct

contact with both his or her parents, unless that is contrary to his or her interests".

You may find of some interest this link http://www.offsol.demon.co.uk/icacudoc16.htm

Avv. Lucrezia Caroli

e-mail : [email protected]

Re: Parental responsibility

I agree with my collegue regarding art 26/ 1955 and art 24 under UE provisions. But in italy you are unsafe unless a clear notice to the police is not given to insure a possible immediate view of the matter in case of any infringment of law in italy by the father. Of course I should know and understand some other aspects of the story .

I am in Reggio Emilia. see www.studiolegalepapa.it for references.

regards avv stefano papa