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Divorce, separation and custody: From parenting plans to special trustees, here’s what’s changed since March

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Not just courts, interceptions and new rules to end the snail-justice. There is another “Cartabian reform” ready to go into effect. And this time soon. Separations, divorces, children and custody. From March family law in Italy will turn the page.

THE REFORM

From the abolition of juvenile courts to the birth of a “Family Court”, the reform – in force since the end of February, 120 days ahead of schedule – aims overcome the fragmentation between the ordinary court, the juvenile court and the guardianship judge.

How? The road map, as for any reform at this stage, follows the path of the Pnrr, the European funds for recovery. From June, the reform of assisted mediation will come into force. From the beginning of 2025, however, the new section of the Family Court will be operational and the legislation on minors will be applied.

THE TAILOR IN THE TIMES

As for the news, the first consists precisely in a shortening of times. An example: the separation procedure will start from an appeal in which the parties must immediately present the documentation, also relating to the economic and patrimonial situation, as well as any evidence useful for the procedure.

The reform also provides the presentation of a “parenting plan”: a document that summarizes children’s activities both at school and after school. But also a report on visits to relatives (in addition to parents, grandparents, uncles, cousins) and holidays.

PROTECTION OF MINORS

Again on divorces, there is news on the court process. In fact, there will no longer be the presidential hearing that, until today, served to establish transitional measures. The judge, on the other hand, may, with a reasoned order, establish urgent and temporary measures “in the interest of the parties and the children”. And he will have to do it at the same time appoint a “special guardian” to ensure the interests of minors.

Basically, the reform streamlines and simplifies the process of separation and divorce and puts the needs of the children (especially if they are minors) at the center. This operation includes a review of the tasks currently entrusted to the figure of the honorary judge who, in the actions of the Juvenile Court, exercises the function of judge on equal terms with professional judges.

Source : IL Messaggero

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