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international drug crime lawyer Finland

In the absence of an express legislative codification, if not the generic reference to "moral and material interests of the children" the primary criterion will certainly be one of the strongest protection of the child.

Unlike the old Article 155 cc system where no preference was indicated by the legislature in the enactment of placing the order, the new provision of the law provides a clear criterion to custody to both parents (joint custody).

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In under the old Article 155, although there is no specific policy on the assignment of priority, the most common hypothesis was to give the exclusive of custody to the mother. This does not exclude the possibility that, in principle, the judge could make use of the institution of foster shared even if in practice the sole custody was the most adopted solution.

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Before the reform, the establishment of joint custody (or shared custody) even if it is provided by law in the area of separation, it was expressly admitted by Article 6 of the divorce law (898/1970) and the case of legitimacy had already occurred in the past admitting the analogous application of that Article to cases of separation (Cass. Civ. n. 2210 of 28.02.2000 et Cass. Civ. n. 127775 13.12.1995).

Surely both the new than the old text of the law have a point of reference of the pre-eminent moral and material interests of the children, but to be changed is the orientation of the legislature on what actually protects as furthering the interest of children.

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In the past it was believed that there was an interest in leading their children to be entrusted to either parent, the new regulation has the primary interest of the children, that of continuity in relationships with both parents, while preserving as much as possible the same balance attendance between both parents.

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