With particular regard to Family Law, our Firm offers specific extrajudicial and judicial assistance in case of crisis in families characterized by couples with different nationalities or residing in different countries, within or outside the European Union. We constantly keep up to date with the evolution of the European Union legislation and with conventional law.
Our Firm also offers legal aid regarding procedures before the European Court of Human Rights in case of violation of human rights at the hands of the State, as stated by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
In particular:
Alternative form of dispute resolution that requires the participation of one or several impartial and qualified mediators, with the goal of reaching an agreement ensuring that the parental decision-making takes into account the best interests of the minor if the dispute concerns a child.
Family matters object of mediation include: parental responsibility and access rights, child abduction, child maintenance and all the consequences of the dissolution of marriage or separation.
Il matrimonio celebrato all’estero per avere valore in Italia deve essere trascritto presso il Comune italiano competente. Lo Studio offre consulenza ai fini di verificare l’esistenza dei presupposti per procedere a tale trascrizione.
Under Article 64 Law 218/1995 of the Italian private international law, foreign judgements that comply with specific form and substance requirements are automatically effective as a general principle.
Art. No 65 Law 218/1995 states that foreign sentences having as their object family relations, personality rights and the people’s ability have an automatic effect on domestic law, as long as they are not contrary to the public order and that they are issued respecting the essential rights of defense.
In the case that the foreign judgement’s possession of the requirements pursuant to Art. No 64 is contested, or if the judgment is per se suitable to have an effect on domestic law but is not effectively implemented, or if it is deemed necessary to proceed with an enforcement, our Firm offers assistance during the assessment proceeding before the Court of Appeal.
In case of separation or divorce proceedings with elements of foreignness to the Italian Law, our Firm takes care of locating the competent judge and the applicable law in view of the European Union legislation and of the International Conventions. We deal with both the so-called “horizontal relations” between spoused and “vertical relations” between parents and children, suppling the technical defense during the concerned proceeding.
The civil aspects of international child abduction are governed by the Hague Convention of 25 October 1980, which provides specific protection procedures in case of cross-border abduction of a minor, in order to ensure the prompt return of the child that has been wrongfully removed or retained from their habitual residence. Our Firm offers specific assistance for every step of the procedure, from the reports with the competent Central Authority to the proceeding before the court.
The Di Nella Law Firm, through a network of professionals situated abroad, guarantees the precise enforcement of Italian judgements in both EU and non-EU Member States.
Child maintenance is the result of separation judgments, divorce decrees and child custody decisions issued by a foreign provision to be enforced in Italy, or issued in Italy and to be recognized abroad.
Currently in Italy surrogacy (the method of assisted reproduction where a woman carries a pregnancy to term for one or more persons who will then be the legal parents of the newborn) is prohibited by Art. No 12, subparagraph 6 of Law 40/2004. However, more and more often Italian couples get surrogacy by entering into a contract, paying or for free, in foreign countries where instead pregnancy for others is permitted.
Our Firm offers legal advice and assistance in case that, once back in Italy, the parental couple requesting the transcription of the birth certificate produced abroad meets issues in the recognition of the civil status act prepared abroad and after reporting to the locally competent Juvenile Court.