Within the area of civil law, the Lana – Lagostena Bassi has focused its activity on issues related to the family and the protection of minors, also benefitting from the expertise in this field of highly qualified lawyer Mrs Augusta Lagostena Bassi. In fact, her institutional commitment lavished as President of the Commission for Equality and Equal Opportunities – set up at the Presidency of the Council – and her many battles in defence of women’s rights, which ultimately saw her participating in the preparation of law n. 66 of February 15th 1996 on sexual violence, are well known even in the international arena. The firm further deals with issues related to the civil status of individuals, providing legal advice and assistance in the judicial procedure set forth by law n. 164 of April 14th 1982.
Separations and divorces
The firm focuses, in particular, on all issues related to the pathological moment of the marital relationship, taking care of the tasks that lead to the spouses’ separation, as well as to the possible next stage of divorce. The legal assistance provided in this area by the firm is realised by paying scrupulous attention to issues relating to the custody of children, with particular interest in the continuous evolution of legal institutions in the field.
The firm further deals with issues of international law relating to both the recognition of judgments by foreign jurisdictions in matters of personal status and family law and the interpretation and application of all the norms ranging from international treaty law to the relevant EU legislation, with particular regard to Regulation n. 2201 of November 27th 2003.
Protection of Minors
Special care is taken by the firm with regards to the adoption of all legal instruments necessary to ensure the protection of children within their families and to execute judgements eventually issued in their favour in the event of separation or divorce of their parents. With regard to the latter, law n. 54 of February 8th 2006 is of particular importance since it deals with the custody of children after the dissolution of their parents’ marriage, introducing the institute of joint custody as rule and general guidance for the judge, to be observed in the interest of the child. The structure designed by said reform therefore goes beyond the previous one-parent-custody – most typically used by judges in the past as result of a sort of default made the subject of criticism by many points of view – introducing a transitional regime that makes the new rule also applicable to separations and divorces already decided by courts.
The firm’s activity also focuses on the preparation and adoption of all instruments provided by law and aimed at the protection of children in the event of misuse of parental responsibility. In this area, the firm became known for some battles that have had a great response even in the national press, carried out in the area of wrongful removal or retention of children abroad, matter governed by the Hague Convention of 1980 and the Luxembourg Convention of the same year, both made effective in our system with law n. 64 of January 15th 1994, as supplemented by aforementioned EU regulation n. 2201/2003. The firm also deals with judicial proceedings initiated before guardian judges in cases in which children are left parentless or when the latter are incapable of exercising parental authority on them or in cases aimed at obtaining measures to protect children’s heritage. Within the area of minors’ protection are further included the exhaustion of all necessary procedures to the recognition of children by their natural parents, whether voluntary or judicial, as well as the exhaustion of all formalities necessary to finalise the adoption or custody of both Italian and foreign children.