Switzerland, Arrest of a U.S. Citizen
The firm has now a family history of over 60 years as regards on the administration of the dispute, providing assistance and protection at any stage and grade of justice before the Italian civil court as well as for the national and international arbitral practices, using where it requires the support of specialized studies abroad. shared foster care.
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The reorganization inserted by Law No 54 dated 8 February 2000 introduced as a common rule of participated protection, that the children are given to both parents, who continue to keep working on the right to have children and share their pedagogical awareness towards their children, even after the divorce.
In conclusion, even after the separation, both parents continue to care the children, with a willingness to be involved in their lives with great force in respect to their life, where it was expected that the children were given to only one parent.
This does not predict that the new rule does not allow to judge the appropriateness of giving the children to a single parent: In fact art. of the civil code provides that "the judge can order the foster care of the children to only one parent when he considers that the foster care to the other parent can cause conflicts with the well being of the child."
Surely this is an unusual measure, that will be placed in all those cases in which the estimation to only one parent came out as the only conceivable solution, after considering the difficult objective conditions of the parent or the not positive relationship existing between the parent and the child.