Juvenile law

The Cetraro Law Firm deals with Juvenile Law to protect and safeguard the fundamental and essential rights of minors, as subjects who, having not yet reached the eighteenth year of age, find themselves or may find themselves in situations of disadvantage and difficulty compared to all the other components of a company.

The separation events, which involve more and more families, have as a sore point the minor children who, become the object of disputes of the parents, both in terms of custody and maintenance, and in terms of the assignment of the marital home.

In order to prevent the child from being prejudiced by the separation of parents, the Firm offers solutions to legal problems relating to parenting, such as:

  • protection and custody of minors
  • recognition and maintenance of children
  • paternity assessment
  • adoptions
  • parental authority
  • protection and care of the minor

Court of Appeal Roma, sentence no. 132 of 10.01.2020: “(..) Articles 12 and 15 of the L n. 184/83 provide for the hearing of relatives within the fourth degree of the minor who have maintained significant relationships with the same. Therefore, they must have shown their real interest in taking care of them, which certainly cannot be said for the case of grandparents who have limited themselves to asking to be able to meet their granddaughter without offering anything else for her to happen. “

Cass. Civ., Section I, sentence no. 29071 of 11.11.2019: “(..) The United sections will decide whether, in the absence of a biological link between the adopted child and both adoptive parents of the same sex, recognition of the foreign sentence of legitimating adoption is possible, and if, in this case, the union of the Italian judge should also extend to the phase of the foreign assessment on the state of adoptability. The matter was referred to the Supreme Assembly by the first civil section of the Court of Cassation with which the legitimacy judges asked themselves whether our constitutional discipline, as well as the law n. 183/1984 (Discipline of the adoption and custody of minors) and the law n. 76/2016 “Cirinnà (Regulation of civil unions between people of the same sex)”, in addition to the principle of public order, are an obstacle to a foreign provision that has allowed a homosexual couple to adopt legitimating adoption. “

Law 28 March 2001, n. 149: “Adoption and fostering of minors.”
Law 8 February 2006, n.54: “Provisions on separation of parents and shared custody of children.”
Law 10 December 2012, n. 219: “Provisions regarding the recognition of natural children.”