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Free Guide to Hiring a Family Lawyer
Child custody in Piacenza follows national Italian family law, applied locally by the Tribunale di Piacenza and, for certain measures concerning protection of minors, by the Tribunale per i Minorenni di Bologna. The guiding principle is the best interests of the child and the right to bigenitorialita, meaning the child should maintain a balanced and ongoing relationship with both parents whenever possible. The default legal model is shared parental responsibility, called responsabilita genitoriale with affidamento condiviso, even when the child primarily lives with one parent. Exclusive custody, called affidamento esclusivo, is ordered only when shared custody would be contrary to the child’s welfare.
Custody arrangements can be decided within separation or divorce proceedings for married couples, or in specific proceedings between unmarried parents. Orders typically address where the child primarily resides, contact schedules, decision making on education, health and daily life, and financial support, including ordinary maintenance and extraordinary expenses.
You may need a lawyer if you are separating or divorcing and need a clear parenting plan that protects your child’s routine and your parental role. A lawyer can help you negotiate or litigate custody, visitation and child support in a way that is enforceable and realistic.
Legal help is advisable when communication with the other parent has broken down, when there are allegations of neglect, abuse, substance misuse or alienation, or when you need protective orders. Professional guidance is key to presenting evidence properly and safeguarding your and your child’s safety.
If you or the other parent plans to relocate within Italy or abroad, legal advice is vital. Moves that impact schooling or contact schedules often require court authorization, and international moves raise jurisdiction and enforcement issues.
Assistance is also helpful to enforce existing orders when contact is obstructed or maintenance is unpaid. Italian procedure provides tools and sanctions, but you need to request them correctly.
If your case involves an international element, such as a foreign order, habitual residence abroad or cross border abduction, a lawyer familiar with European and Hague rules can protect your rights.
Parents seeking to modify old orders due to changed circumstances, such as a new work schedule, child’s needs or health issues, benefit from legal representation to show the court why a change serves the child’s best interests.
Italian Civil Code articles 337 bis to 337 octies govern parental responsibility and custody for both married and unmarried parents. The law favors affidamento condiviso, with both parents sharing decisions on key matters. The child usually has a primary residence with one parent, called collocamento prevalente, and spends scheduled time with the other parent. Exclusive custody is exceptional and requires specific reasons linked to the child’s welfare.
Child support is set according to article 337 ter of the Civil Code, considering the child’s needs, the standard of living during cohabitation, the time spent with each parent, and the resources of both parents. Support includes daily needs and a separate regime for extraordinary expenses such as orthodontics, specialist medical care, books and school trips. Courts in Piacenza commonly specify how these extraordinary costs are shared and how authorization is given.
When parents disagree on practical aspects of custody or contact after an order is issued, they can apply under article 709 ter of the Code of Civil Procedure. The court can clarify arrangements, warn a non compliant parent, and apply financial penalties or order compensation for harm caused to the child or the other parent.
Children have a right to be heard. If the child is 12 or older, or younger but capable of discernment, the judge will ordinarily arrange an ascolto del minore with appropriate safeguards. Courts can appoint experts, called consulenti tecnici d’ufficio, often psychologists, to assess family dynamics and inform the court’s decision.
In cases of domestic violence or serious conflict, the Civil Code provides protective measures, including orders under articles 342 bis and 342 ter, with possible removal of the abusive party from the family home and restrictions on contact. Criminal law tools under the Codice Rosso provide fast tracked protection. Contact may be supervised in a neutral setting if needed.
For international issues, jurisdiction and recognition in the EU follow Regulation EU 2019 1111, often called Brussels II ter. International child abduction is addressed by the 1980 Hague Convention. The Italian Central Authority is at the Ministry of Justice. These rules may affect where proceedings should be started and how orders are enforced.
In Piacenza, separation and divorce, as well as custody matters between unmarried parents, are handled by the Tribunale di Piacenza, Sezione Civile in the family docket. Urgent child protection, limitation or removal of parental responsibility, foster care or adoption measures are under the Tribunale per i Minorenni di Bologna. The Giudice Tutelare at the Tribunale di Piacenza deals with specific authorizations and guardianship matters. A national reform is progressively reorganizing family jurisdiction, so you should confirm the current forum when you file.
Italy allows assisted negotiation, called negoziazione assistita, for separation, divorce and custody agreements. When minor children are involved, the agreement must be sent to the Public Prosecutor for review and, in some cases, to the court for approval. Divorce before the civil registrar is not available if there are minor children.
Judges look at the child’s routine, school, bonds with each parent and siblings, proximity to extended family and support networks, and each parent’s availability and caregiving history. The goal is stability and continuity. The usual outcome is shared custody with a primary residence with one parent and a structured plan with the other.
Affidamento condiviso means both parents share parental responsibility and major decisions, regardless of where the child primarily lives. Affidamento esclusivo gives one parent decision making power when shared responsibility would harm the child’s welfare. Even with exclusive custody, the other parent often maintains contact unless it is unsafe.
Children do not decide, but their views are important. The court hears children who are 12 or younger if mature enough. The judge weighs their opinions along with expert input and the child’s best interests.
Support is based on the child’s needs, time with each parent, the parents’ incomes and assets, and the standard of living during cohabitation. The court sets a monthly contribution and rules for extraordinary expenses. You should provide payslips, tax returns, housing costs and proof of child expenses.
You can apply to the court under article 709 ter to enforce and adjust the order. The court may warn the obstructing parent, impose financial penalties, order compensatory time, and, in serious cases, consider changes to arrangements. Meticulous records of missed visits and communications are helpful.
Relocation that affects the parenting plan requires the other parent’s consent or a court order. The court will evaluate the reasons for the move, the impact on the child and how to preserve the relationship with both parents. International moves also raise jurisdiction and recognition issues under EU and Hague rules.
Supervised contact may be ordered when there are safety concerns, high conflict or a need to rebuild the parent child relationship. Visits may occur in a neutral space with trained staff. The aim is to protect the child while supporting meaningful contact when appropriate.
Italian law recognizes a child’s right to meaningful relationships with ascendants. Grandparents can apply to court if access is unjustly prevented and contact serves the child’s best interests.
Yes. Family mediation is widely used to build practical parenting plans and reduce conflict. It is voluntary unless ordered by the judge in specific situations. Agreements reached in mediation can be formalized through assisted negotiation or submitted to court for approval.
Eligible individuals can apply for patrocinio a spese dello Stato, which covers legal fees for those under a statutory income threshold. The threshold is periodically updated, so verify the current figure with the Ordine degli Avvocati di Piacenza or your lawyer. You must provide proof of income and required documents.
Tribunale di Piacenza, Sezione Civile materia di famiglia. This is the primary court for separation, divorce and custody disputes involving residents of Piacenza.
Giudice Tutelare presso il Tribunale di Piacenza. Handles guardianship and certain authorizations related to minors.
Tribunale per i Minorenni di Bologna. Regional court for child protection proceedings, measures limiting or removing parental responsibility, foster care and adoption. It has territorial competence over Piacenza.
Procura della Repubblica presso il Tribunale per i Minorenni di Bologna. Receives agreements in assisted negotiation with minor children and acts in child protection matters.
Ordine degli Avvocati di Piacenza. The local bar association can provide information on family law attorneys and on legal aid applications.
Servizi Sociali del Comune di Piacenza - Unita Tutela Minori e Famiglie. Municipal social services that collaborate with courts and support families and children in difficulty.
Centro per le Famiglie del Comune di Piacenza. Offers information, parenting support and access to family mediation services.
Azienda USL di Piacenza - Consultori familiari. Public health family counseling services that can support parents and children, including in separation contexts.
Garante per l’Infanzia e l’Adolescenza Emilia Romagna. Regional ombudsman for children’s rights who can orient families on protections and services.
Ministero della Giustizia - Autorita Centrale per la Convenzione dell’Aia 1980. National body for international child abduction and cross border custody enforcement.
Clarify your goals and your child’s needs. Write a brief summary of your current arrangements, what works, what does not and any safety concerns. Keep a calendar of caregiving and contact time and gather relevant documents such as school letters and medical records.
Collect financial documents. Prepare payslips, tax returns, mortgage or rent statements, childcare invoices and receipts for extraordinary expenses. These are essential for maintenance calculations.
Consult a family law attorney in Piacenza. Choose a lawyer with experience in custody litigation and assisted negotiation. Ask about strategy, timelines, costs and whether mediation could help your case.
Consider mediation early. A mediated parenting plan tailored to your child often reduces conflict and speeds up approval by the court or prosecutor. Mediation can be combined with assisted negotiation to make agreements enforceable.
Act promptly if there are safety issues. If you fear violence or abduction, seek immediate help from law enforcement and request protective measures through your lawyer. Courts can issue urgent orders to protect you and your child.
File in the correct forum. Your lawyer will determine whether to start at the Tribunale di Piacenza or, for protective measures, at the Tribunale per i Minorenni di Bologna. Confirm current filing rules, as national reforms are being implemented.
Prepare for the child’s hearing and any expert evaluation. Follow professional guidance on how to support your child before and after hearings or assessments. Avoid coaching and keep the focus on the child’s well being.
Ask about legal aid if needed. If your income is within the threshold, apply for patrocinio a spese dello Stato through your lawyer or the local bar association.
Review and update orders when circumstances change. If work schedules, schooling or health issues evolve, seek a modification rather than making unilateral changes that could create non compliance problems.
This guide provides general information only. For advice about your situation in Piacenza, consult a qualified family lawyer who can assess the facts and represent your interests.
