Prospettive di riforma dell’affidamento condiviso

Di Tommaso Auletta -

This paper analyses the key elements of some legislative proposals regarding parent-child relationship in the context of a marital breakdown. Such proposals aim to introduce a compulsory family mediation process, and to abolish the right to use the matrimonial home free of charge and the current fault-based effects of the separation. They also envisage that maintenance must be provided directly to the child, with the relevant right ceasing when the child reaches twenty-five years of age. Moreover, they seek to modify the rules relating to shared custody, establishing that its objectives could only be achieved by allowing equivalent cohabitation times between each parent and the child. The author remarks the positive and negative consequences (with the latter being considered as prevailing over the former) of the draft legislation.