Now it is a matter of course, it is time to turn back family law: this is how the Pillon Decree on standards concerning shared custody, direct maintenance and guarantee of big-entitlement is born. The reform was proposed by the senator from which it takes its name, Simone Pillon, animator of the Family Day that fights against civil unions and abortion .
What are the points of the Pillon Decree that on September 10th began its parliamentary procedure in the Senate Justice Committee? Let's find out whether or not it makes life easier for women, long penalized by separations, and for children, whose balance is the one most at risk.
Shared custody and no prevalent placement for the children
In the Law of 8 February 2006, n. 54 the parents' shared custody had been introduced according to which, in case of separation between spouses or the breaking of the de facto couple, the minor children are entrusted to the father and the mother, among whom the Judge identifies the prevailing custodial parent: the with which the minor children live and in the abode of which the child's residence is fixed, then establishing the modalities for visiting the other parent.
The Dillon Pillon on the other hand instead leads to the principle of perfect parenting and therefore, always in case of separation of parents, the child or children must have two domiciles in which they will have to live (at least) for 12 days a month:
Unless otherwise agreed between the parties, must in any case be guaranteed to the offspring of not less than twelve days per month, including overnight stays, with the father and his mother, unless there is proven and justified danger of prejudice to psychological health. physics of the youngest child.
If the child's prevalent placement with one of the two parents is no longer valid, then the right to the assignment of the marital home will be lost with the Ddl Pillon . In the house where the family had been established, therefore, only the owner's spouse or the holder of the lease or loan agreement will remain and, in the case of co-ownership of the property, the spouse who will remain in the property must give the other half the value. Moreover
Without prejudice to the double domicile of the minors in each of the parents according to the fifth paragraph of article 337-ter, the judge can determine in the interest of the minor children that they maintain their residence in the family home, indicating in case of disagreement which of the two Parents can continue to reside there. The latter is in any case required to pay the owner of the building an indemnity equal to the rental fee calculated on the basis of current market prices.
This decision to force the child to split between two different houses / realities does not take into account the habits of a child or a boy who will be forced to have to get used to a sort of unstable "double life".
The principle of perfect syndication not only renders the concept of parent predominantly tenant useless, but alters the methods for managing ordinary and extraordinary expenses relating to minors.
The maintenance allowance will no longer exist but the two parents will have to divide all the expenses whose measure and modality