The Latest Reform of Family Law in Italy

After nearly 50 years since the last reform, dated 1975, a new reform of the civil law in Italy has been adopted. Law No. 206 of Nov. 26, 2021, which has been effective from June 22th, 2022 and deeply renews many points of civil procedural law in Italy, paying special attention to certain aspects of family law. Below, we will outline three important points influenced by the reform.

The “Family Court”

First of all, there are provisions for the establishment of a new court, the “Family and Minors Court,” which will have jurisdiction over all cases currently divided amongst the ordinary court, the minors court, and the tutelary judge. This represents a meaningful change, as it not only provides for the creation of a new authority entrusted with the administration of justice, but will also provide for a new organization at the national level. In fact, the so-called Family Court will be established within each individual district section of the ordinary courts, as well as each Court of Appeal.

As for the functions of this new Court, it will have the main purpose of dealing with jurisdiction in first and second instances in civil matters in measures that concern the status & capacity of persons, such as proceedings related to divorces, separations, recognition and disavowal of children and custody of children born out of marriage. It will undertake decisions concerning the family, civil union, cohabitation, minors, as well as deal with first instance jurisdiction in criminal matters and in matters of surveillance.

The New Procedure

Secondly, in addition to the “physical” novelty of the Family Court as a new point of reference for minors and families, changes were also made to the procedure. In fact, the legislature has innovated the procedure with the aim of making it more streamlined, effective and rapid. This is through the introduction of new rules of civil procedure, which provide enhanced protection for children both in contexts of violence and in the presence of misconduct among the parents themselves, including through the provision of appropriate protective measures. In particular, in the area of separation and divorce, provisions have been made for overcoming the two-pronged structure, consisting of a presiding and investigative part, granting subjects the possibility of immediately applying provisional and urgent measures as early as the first hearing, again with the aim of greater protection of minors, thanks to introductory acts containing the full allegation of facts and means of proof.

The Special Curator

Finally, the legislature introduces the new figure of the Special Curator, who will be appointed by the judge and will have the task of representing and assisting minors in proceedings where, even if only abstractly, a conflict of interest between and with the parties (the parents) may arise. This new figure will in many cases replace the parents in the assistance and care of the minor, taking the necessary information from the parties and those involved in addition to listening to the minor and examining deeds and documents for the constitution of the court and participating personally in the hearing. Not only that, but the special curator will also cooperate with social services, and all other figures of reference in a minor’s life, such as teachers. Therefore, it can be understood that the establishment of this new figure will represent a real form of guarantee for all minors in such problematic situations.

Conclusion

We foresee a significant impact from the latest reform measures envisioned by the legislature on the family and the protection of minors, representing a historic step forward. For any questions related to the new reforms in the Italian legal system, feel free to contact info@dandreapartners.com