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What risks the parent who violates the provisions relating to the custody and placement of children?

What risks the parent who violates the provisions relating to the custody and placement of children?

What risks the parent who violates the provisions relating to the custody and placement of children?

Our legal system operates under a shared custody regime, meaning that parents must jointly make at least the most important decisions regarding the child's education, health, and upbringing, as well as the child's habitual residence. In the event of a dispute between the parents, the Judge makes the decision through the procedure governed by Article 709-ter of the Italian Code of Civil Procedure, which expressly applies not only to disputes regarding the exercise of parental responsibility but also in the event of violations by one parent of the custody conditions. In the latter case, the Judge may impose financial penalties and order compensation for damages to the minor or the other parent.

Lawyer Armando Cecatiello Milan familiarist in Milan and Lugano