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Cinzia Roberti
Description
The lawyer Cinzia Roberti is the Founder and legal director of “Lawyer for American Citizens in Italy”.
Since 2008 she has also been the President and coordinator of the Legal Area of the Logos Famiglia e Minori Roma Association (www.logosroma.it), she is qualified in matters of family and juvenile law, international family law and criminal law in which he has gained significant experience. She begins her career in criminal law in prestigious studies in Rome which allow her to study important judicial cases in the field, first of all, that of the murder in via Poma.
After a few years, her particular interest in the protection of family ties led her to specialize in family and juvenile law both in civil and criminal law, making this matter her main area of intervention.
In 2008 he founded the Logos Famiglia e Minori Roma Association which became an esteemed social reality in the Roman territory both in the field of professional consultancy and training.
Passionate about the crasis of the various disciplines related to her work area, she establishes stable collaborations with the psychological sector of her center, convinced that an integrated approach is the only one possible in the family environment.
Expert in international family law over the years she has followed various cases of conflicting international separations and divorces to which cases of international abduction of minors are connected.
She obtains excellent results and develops a passion for American law which leads her to contacts with foreign family and anti-violence centers, especially in the state of New York.
In August 2022 she won an internship in the largest center against gender-based violence in the United States.” The Sanctuary for Families” .
Following this internship, she was placed in the Italian defense college of the “Golan Case” which is setting a jurisprudential precedent all over the world in the field of international child abduction.
From September 2022 he creates “Lawyer for American Citizens in Italy” brand specialized in providing advice to American citizens in Italy with excellent results.
For these clients, she followed international family law practices, relocation, immigration and citizenship law practices.
SERVICES:
Civil law legal consultancy:
Legal advice in family and minor law
Proceedings before the Minor Court
Separation, divorce, child custody, alimony
Transnational separations and divorces, custody
Counseling for hetero-family custody and adoptions
Counseling for hetero-family custody and adoptions
Same sex Marriages issues
Cohabitation agreements and non-married couples
Protection of the right to paternity and maternity
Compensation for intra-family damage
Counseling for hetero-family custody and adoptions
Cohabitation agreements and non-married couples
Protection of the right to paternity and maternity
Compensation for intra-family damage
Counseling for hetero-family custody and adoptions
Domestic and witnessing violence:
Protection of women and minors
International family law:
International child abduction
Transnational separations and divorces, custody, child support, alimony
Criminal Advice:
Drafting of complaints/complaints and precautionary statements
Constitution of civil party
Ordinary legal aid in all levels of judgment for all crimes
Particular skills achieved for the management of cases concerning gender-based violence following specific training at the Sanctuary for Families center which is the largest center against gender-based violence in the United States based in New York
Abuse in the family
Stalking
Abuse of women and minors
Sexual assault
FAQ
1)How is a divorce obtained between foreign citizens residing in Italy (both or only one)?
The law n.218/1995, in the article n. 31 establishes that the law of the State to which the spouses belong can be applied, if common, or if not present, the law of the State in which the spouses actually lived their life as a couple applies. However, this provision is superseded by EU Regulation no. 1259 of 2010, which, in art. 5, provides for the possibility for spouses to choose the law to be applied in the event of divorce, provided it is among those indicated by the same law. When a common solution has not been found, the judge will apply the law identified according to the criteria established by art. 8 reg. EU no. 1259/2010, or the law of the State of habitual residence of the spouses at the moment in which the jurisdictional authority is seised; or, failing that, of the last habitual residence of the spouses provided that this period has not expired more than one year before the hearing of the judge, if one of them still resides there at the time of the hearing of the judge; or, failing that, of which the two spouses are citizens at the time the jurisdictional authority is referred to us; or, failing that, the law of the forum.
2) What are the effects of separation?
After the separation, the spouses are no longer required to live in the same house or to provide mutual moral assistance.
Separated spouses continue to enjoy inheritance rights, are required to provide material assistance by paying, if necessary, a maintenance allowance towards the economically weaker spouse, are entitled to part of the survivor’s pension, severance indemnity (TFR ) as well as the indemnity for failure to give notice, and have the duty to maintain, educate and educate their children.
3) What is the Separation Fee?
The charge is requested by one of the spouses when she believes that the end of the marriage was caused by the other with a behavior consisting in the violation of one or more conjugal duties (for example loyalty, cohabitation, etc.).
The judge, when he ascertains that this behavior was actually the cause of the end of the marriage, pronounces the separation with objection.
4) What are the consequences of the statement of debit?
The consequences of the charge of the separation to the spouse who has violated conjugal duties with his own behavior are: the sentence to legal costs of the judgment, the loss of the right to the maintenance allowance and the loss of inheritance rights towards the spouse to whom separation was charged.
5) Is it true that with the new Cartabia law it will be possible to ask for separation and divorce together?
YES!!! Among the main novelties of the Cartabia reform in the field of family rights is the introduction of the possibility for the parties to request divorce together with the separation with the same appeal.
With a sentence filed on 9 May 2023 following a joint appeal for separation and divorce, the Court of Milan therefore did not limit itself to pronouncing the separation, it invited the spouses to communicate, in six months, the time necessary to spend in order to request divorce in the context of consensual separation, who do not intend to reconcile in view of the divorce. At that time , therefore , if the spouses have not effectively reconciled , the Court will pronounce the divorce without the need for a new appeal .
6) What is child support and how is it calculated?
When two partners decide to separate, then the child support will also need to be discussed. Even during the crisis, parents remain obliged to maintain their child in order to satisfy the primary and secondary needs of the children, guaranteeing them the economic well-being they need.
Child support is a form of economic contribution that can vary according to the needs of the partners and the children themselves. In the absence of an agreement between the parents, it will be up to the Court to establish the amount and methods of contribution for each.
This economic contribution can take place through the periodic payment of sums of money (“periodic allowance”) in favor of the non-placement parent or directly, i.e. by satisfying a part of the minor’s needs (the remainder will be satisfied by the other parent) by identifying of specific items of expenditure (e.g. tuition, medical expenses…) by the judge.
The factors to be taken into consideration when determining the amount of child support are as follows: -The economic resources of both parents
-The standard of living of the son: which he had in constant cohabitation of the parents.
-Current needs of the child
– Time spent with separated parents and Economic value of the household and care tasks undertaken by each parent
-Property title of the family home because the judge takes into account the assignment of the family home in regulating the economic relations of the parents.
13) In our separation judgment, the judge established a support contribution to be paid by my ex-husband for my son but he is not complying with the provision. Is this an indictable offence?
7) What are the differences between joint custody and sole custody in Italy?
Joint custody was introduced by Law No. 54 of 8 February 2006, which brought Italy into line with many other European countries in terms of custody.
With Joint custody, the so-called principle of two parents has been introduced, i.e. the right of the minor has been expressly sanctioned “to maintain a balanced and continuous relationship with each of the parents, to receive care, education, instruction and moral assistance from both parents ” (Article 337 ter of the Civil Code). Unlike in the past, therefore, sole custody has become a residual solution, since the Court, called to decide, has to evaluate as a priority the possibility of entrusting the children to both parents.
Joint custody implies that both parents take care of the child and agree on a common educational line, regardless of the housing solution established for the minor, regardless of the length of stay with each parent. Both parents have the right and the duty to contribute to the raising of children from an economic point of view, but on a quantitative level there may be differences related to the financial resources of the parent.
Joint custody was introduced by Law No. 54 of 8 February 2006, which brought Italy into line with many other European countries in terms of custody.
With Joint custody, the so-called principle of two parents has been introduced, i.e. the right of the minor has been expressly sanctioned “to maintain a balanced and continuous relationship with each of the parents, to receive care, education, instruction and moral assistance from both parents ” (Article 337 ter of the Civil Code). Unlike in the past, therefore, sole custody has become a residual solution, since the Court, called to decide, has to evaluate as a priority the possibility of entrusting the children to both parents.
Joint custody implies that both parents take care of the child and agree on a common educational line, regardless of the housing solution established for the minor, regardless of the length of stay with each parent. Both parents have the right and the duty to contribute to the raising of children from an economic point of view, but on a quantitative level there may be differences related to the financial resources of the parent.
Sole custody is an exception, as a result it can only be established by a judge in certain cases.
As can be guessed from the name, sole custody provides that children are entrusted solely and exclusively to one parent, and a situation of this type can arise where one of the two parents is judged unsuitable for the role, therefore potentially harmful to the growth of the son.
In the event that both parents should be assessed unsuitable by a judge, the same can provide for family custody. This type of assignment can also involve third parties who have nothing to do with the family.
8) What is divorce and when can it be requested? What are the effects of divorce?
With divorce, the end of the marriage becomes final.
It can be joint (if both spouses request it) or judicial (with an appeal to the Court by only one of the spouses).
It can be requested after 6 months from the definition of the consensual separation or 12 months in the case of judicial separation.
The status of spouse ceases and new marriages can be contracted, the economically disadvantaged spouse, if the conditions exist, has the right to the so-called divorce allowance, the loss of inheritance rights occurs and, in addition, if the spouse is entitled to maintenance allowance, you will also be entitled to the deceased ex-spouse’s survivor’s pension, provided that the survivor has not remarried.
The duties towards minor or adult children who are not self-sufficient do not fail.
9) I am a non-EU citizen without a residence permit, do I have the right to register the de facto cohabitation with my partner?
Yes! It must be affirmed in compliance with the provisions of art. 8 of the ECHR and Directive 2004/38/EC (where it provides that the host Member State facilitates the entry and stay of the partner with whom the Union citizen has a duly certified stable relationship), the existence of the right for the cohabitant non-EU citizen of a citizen residing in an Italian Municipality to obtain recognition of the factual situation validly ascertained by enrollment in the registry office of the resident population of said Municipality and the family status of the cohabitant, even in the absence of a residence permit.
Yes! It must be affirmed in compliance with the provisions of art. 8 of the ECHR and Directive 2004/38/EC (where it provides that the host Member State facilitates the entry and stay of the partner with whom the Union citizen has a duly certified stable relationship), the existence of the right for the cohabitant non-EU citizen of a citizen residing in an Italian Municipality to obtain recognition of the factual situation validly ascertained by enrollment in the registry office of the resident population of said Municipality and the family status of the cohabitant, even in the absence of a residence permit.
10) I am a victim of intra-family violence: how can I defend myself?
Code Red Law: an innovative approach to tackle gender-based violence
Did you know that since the Istanbul Convention of 2011, Italian legislation has implemented numerous innovations and modifications to make the protection of women victims of violence more concrete. The innovations introduced by the Italian legal system, such as the Red Code bring out the awareness of the legislator on situations of gender-based violence which offers new tools and solutions to protect the victims. he Red Code’s purpose is to hinge a multidisciplinary culture able to fight gender-based violence.With regard to the sanction system, it promises tougher penalties for abuse against family members and cohabitants (imprisonment up to 7 years), sexual assault (12 years), stalking (6.5 years) and group assaults (14 years). It also criminalizes acid attacks and revenge porn, neither of which were previously criminal offences, and removes the obligation of the victim to press charges in child rape cases, allowing the state to bring its own charges against the perpetrator. In parallel to detention, the law considers the introduction of care and treatment programs as capable of decreasing the risk of recidivism. An example stands with the treatment of sex offenders, since, provided with the possibility of recovery paths, they are less likely to offend in the future. Additionally, as to prevent secondary victimization of rape survivors, the Red Code intervened to regulate the training of police operators and magistrates by shaping curricula on gender-based violence and equal opportunities.
11) My child is a victim of international abduction what can I do to bring my child home?
First of all, it must be clarified that we speak of international abduction of minors, as indicated to the Ministry of Foreign Affairs and International Cooperation, when a minor:
– is illegally taken abroad by someone who does not exercise exclusive authority, without any authorisation;
– is not returned to the country of habitual residence following a stay abroad.
In Italy, this case constitutes a crime, as provided for by art. 574 bis of the criminal code (“Abduction and detention of minors abroad”), punished with imprisonment from one to four years or from six months to three years if the offense is committed against a minor who has reached the age of fourteen and with the consent of she. Also, if the act committed by the parent is placed to the detriment of the minor child, the conviction involves the suspension of the exercise of parental responsibility.
In terms of procedures and remedies, specific international conventions have been stipulated to counter the growing phenomenon of international child abduction, aimed at settling disputes arising from illicit transfers.
The 1980 Hague Convention on the civil aspects of international child abduction is certainly the most widely used. For its application, the following requirements are necessary:
– the parent who has had the child unlawfully taken away is in charge of the custody or custody of the child;
– it is necessary that the right of custody actually exists and that consent to expatriation has not been given;
. the minor has not completed the 16th year of age and who has not opposed the repatriation;
– no more than a year has passed since the abduction;
– the “restitution” does not cause any moral or material damage to the minor and any violation of her rights.
If the 1980 Hague Convention is applicable between Italy and the country of presumed destination of the minor, the Central Authority at the Ministry of Justice must be contacted immediately to initiate the specific procedure.
Where the conventional procedure is rejected, it is possible to establish the procedure governed by European Union Regulation no. 2201/2003 which sees the establishment of the judgment before the judge of the State where the minor has his residence. Also in this case, the Central Authority is the body through which it is possible to propose an application for the return of the minor or an application for the regulation of access rights.
If, on the other hand, the State to which the minor has been taken or is being held has not ratified the 1980 Hague Convention (or its accession has not been accepted by Italy), the Central Authority cannot intervene: the person complaining the abduction must be activated autonomously by appointing a local lawyer, based in the country where the minor is located, who will resort to the administrative or judicial procedures provided for by the State in which the minor was taken and held.
In any case, in the event that the abduction has already been implemented, it is advisable to avoid insisting on autonomous attempts to settle the matter, especially if there have already been failures or postponements of previously agreed dates for the return to Italy and it is essential to evaluate with a trusted lawyer the opportunity to immediately start a procedure in Italy to regulate the custody of the minor and, if a decision has already been issued in the cause of separation, divorce or custody, also evaluate the opportunity to recognize the provision in the State to which the minor was brought.
12) My partner does not accept the end of our romantic relationship and is engaging in harassing behavior, what can I do?
When a subject engages in harassing or even persecutory conduct, so much as to generate a persistent state of anxiety or fear for his or her own safety in the subject, the crime of stalking occurs.
The crime can be prosecuted upon complaint by the offended person, unless it is committed against minors or disabled persons, and the deadline for filing a complaint is 6 months from the last episode.
Before proceeding with the lawsuit, however, the offended person can present the facts to the police authority, with a request to the questore to “admonish” the perpetrator of the conduct. The questore, after having obtained the necessary information and having heard the parties, in the event that he deems the request founded, can issue the warning provision with an invitation to the addressee to refrain from harassing conduct.
In the event that the admonished person does not comply with the prescriptions of the questore, the procedure is ex officio.
13) In our separation judgment, the judge established a support contribution to be paid by my ex-husband for my son but he is not complying with the provision. Is this an indictable offence?
In the event that a spouse fails to pay any type of contribution due following dissolution, cessation of civil effects, or nullity of the marriage, he is punishable by imprisonment of up to one year and a fine of up to 1,032 euros .
The crime can be prosecuted upon complaint by the offended person, unless there are minor children, in this case the crime can be prosecuted ex officio.
14)My partner and I have been living together for a few years, they told me that it is now possible to adopt a child even if you only live together, as long as you get the cohabitation recognized. It is true? How do we get it recognized?
The law establishes that in order to adopt a minor one must have been married for at least three years and not be in a situation of separation, not even de facto. For the purposes of calculating the prescribed three-year period, the years of cohabitation may also be counted, which can be attested by means of a self-certified declaration. However, the celebration of (civil) marriage remains an unfailing requirement.
15) My son won’t let us see our granddaughter, what can I do?
According to Italian law, grandparents have the right to see their grandchildren and to establish ongoing and meaningful relationships with them.
If the parents or other persons prevent the exercise of this right, the grandparents can appeal to the judge of the place of habitual residence of the minor so that the most suitable measures are adopted, always in the exclusive interest of the minor.
16) Is gaslighting a form of violence?
It is a set of sneaky behaviors performed by the manipulator (called a gaslighter) towards a person, to confuse them, make them lose confidence in themselves, make them feel wrong, make them dependent, until they question their sanity. The context can be that of a couple, family, friends and work.
It is a subtle action of mental manipulation with which the gaslighter questions the real perceptions of the other person making them feel “wrong”.
Legally, gaslighting is not directly recognized as a crime, but the actions of the gaslighter can detect the crimes envisaged in art. 570 criminal code Violation of family assistance obligations” and in art. 572 criminal code Maltreatment in the family or towards children: forms of moral and psychological violence such as gaslighting, in fact, find space in both articles.
17) How can gender-based violence manifest itself?
There are different types of violence from the less evident one such as the economic and psychological one, to the more evident one such as the physical one, sexual up to feminicide. And the most nagging one of stalking.
Here are the definitions:
Psychological violence “any lack of respect that offends and mortifies a woman’s dignity, which undermines her personal trust, which limits her potential, which isolates and excludes her”
Physical violence “any form of aggression against a woman’s body”
Economic violence “any form of control over the economic autonomy of women”
Persecutory acts – Stalking “any form of harassing and harassing behaviour, protracted over time, such as to cause concern, fear and anxiety in the victim, to the point of inducing them to change their habits and lifestyle.
Sexual violence: “any form of involvement in sexual activity without the consent of the victim”
Feminicide “all those cases of murder or violence against a woman perpetrated by a man for reasons related to her being a woman, to her identity.”
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Articles by : Cinzia Roberti
LEGAL ITALY
May 10, 2024
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