Opinions are contradictory. But without a doubt the Family Courtof which we will see a small prelude from March 1, is the first phase of a revolution that, barring changes, should end in December 2024, eliminating many steps in the causes of separation I divorce judicial and introducing the single rite in case of family abuse of minors and other civil procedures related to the family, such as the suspension of parental authority. To avoid duplication of disputes and relief. The new procedures, referring only to separations, will affect all processes established from February 28. Currently, a judicial separation procedure takes about three and a half years. But we are talking about first grade. And the times should be made tighter.
ENTRY INTO FORCE
The reform will partially come into effect four months in advance, after talks with the European Commission on monitoring the reforms planned by the Pnrr. The government, last December 22, with a modification of the Budget Law, therefore decided to anticipate the application of the single ritual of separations and divorces. While in a later phase the changes will also affect other civil judgments of families and minors, defined with the reform of Cartabia. In fact, however, the new rules have been rolled out in several phases. Those on assisted mediation will come into force in June, while the provisions relating to minors will only apply in 2025 and the new section of the Family Court will be operational.
The first step is the elimination of the presidential hearing. The entire separation procedure will not be initiated with a simple request that provides for other procedures and productions, but will be introduced with an appeal, in which the parties must immediately present all the documentation related to the procedure, any evidence and the documentary production relating to the economic and patrimonial situation. The law also provides for the submission of a “parenting plan” that refers to the children’s daily activities related to school and extracurricular activities, visits to relatives and a vacation plan. Skip the presidential hearing at the end of which transitional measures were established. In any case, the judge will proceed with the call for mediation and may propose a reasoned definition taking into account all the circumstances and the preliminary conclusions reached. It will be the same judge who will appoint a special guardian to guarantee the interests of the minors.
In December 2024, however, the second will be built.
THE KNEE
The concern of the insiders first concerns the organization and the lack of investments, with the organic shortage of both judges and administrative staff. However, the new rules provide for a drastic reduction in the delegations of honorary judges, who in juvenile courts currently exercise the role of judge on equal terms with the robe and make up the juries. “The reform project – comments the matrimonial lawyer Marco Meliti – has the advantage of standardizing the ritual in the different family procedures, with the aim of a faster definition of the sentences, with an introductory resource based on criteria of clarity and brevity, as well as more effective protection of minors in contexts of violence”. And yet, Meliti points out: “Nevertheless, for the reform to find a valid implementation, it must be accompanied by an increase in professional judges and a reinforcement of atavistic structural deficiencies. This is also due to the absence of the honorary component, which was entrusted with many tasks, especially in the context of the Juvenile Court”. And on the effective reduction of deadlines, Meliti comments: “Only the practical implementation of the reform will be able to tell us if there will really be a reduction in justice deadlines.”
Source : IL Messaggero
