Child Custody After Separation in Rome: How It Works and What the Judge Decides
Joint custody, sole custody, primary residence, child support — everything you need to know when separating with minor children in Rome.
In a nutshell
When two parents separate, the children still have two parents. Italian law (Legge 54/2006) establishes joint custody as the default: both parents continue making decisions together on school, healthcare, and upbringing — even if they live in different homes. Sole custody with one parent is the exception, granted only in serious circumstances.
At a glance
| Cost | Court filing fee: €98 (by agreement) or €196 (contested) + €27 marca da bollo (revenue stamp) + lawyer's fees |
| Timeline | Assisted negotiation: 1–3 months · By mutual agreement: 2–6 months · Contested: 12–36 months |
| Where in Rome | Civil Court (Tribunale Ordinario) — Viale Giulio Cesare 54 · Juvenile Court (Tribunale per i Minorenni) — Via dei Bresciani 32 |
| Documents needed | Petition with parenting plan, income documents for the last 3 years, family registration certificate, children's birth certificates, marriage certificate |
Custody vs primary residence — two different things
It helps to understand the distinction between two terms that are often confused.
Custody (affidamento) refers to who has the authority to make major decisions about the child: school, doctor, place of residence, religion, competitive sport. With joint custody, both parents make these decisions together.
Primary residence (collocamento) refers to where the child mainly lives. Typically the child has one main home — the primary parent's — and spends regular time with the other parent (alternating weekends, one weeknight, half of school holidays).
Day-to-day decisions — what to eat, who to play with, what to wear — are made by whichever parent the child is with at that moment.
Types of custody arrangement
Joint custody (the default)
Since 2006, joint custody has been the standard arrangement under art. 337-ter of the Italian Civil Code. It applies even when parents disagree: a court needs concrete evidence to depart from this rule.
Sole custody (the exception)
One parent alone holds parental responsibility. The court grants this only when joint custody would be contrary to the child's best interests. Typical grounds include: domestic violence or abuse, alcohol or drug dependency, serious untreated psychiatric illness, abandonment, serious criminal convictions, lengthy imprisonment, or living abroad with no contact.
Even in sole custody, the other parent retains visiting rights and the right to monitor the child's upbringing. Only extreme situations lead to the full removal of parental responsibility (art. 330 of the Civil Code).
Alternating residence
The child spends equal time with each parent. This is not yet common in Italy — it works best when parents live close to each other, can cooperate, and the child adapts to it comfortably.
Third-party custody
If both parents are deemed unfit, the judge may place the children with suitable relatives (grandparents, aunts/uncles) or with the Social Services of the Municipio of residence (art. 333 of the Civil Code).
The family home
The home the family shared is allocated to the parent with primary residence — regardless of who owns it. This is a personal right of use, not a transfer of ownership, and it is registered in the Property Registry.
The allocation ends if the primary parent stops living there permanently, begins a stable relationship with a new partner, or remarries. If there are no minor children (or adult children who are not yet financially independent), the home returns to its owner — the judge has no power to allocate it.
Child support
Both parents contribute to the children's upkeep in proportion to their income. The most common arrangement is for the non-primary parent to pay a monthly allowance to the other. Alternatively, parents can agree on direct maintenance, where each covers costs when the child is with them.
When setting the amount, the judge considers: the child's needs (age, schooling, health, sport), the standard of living during the relationship, how much time the child spends with each parent, and each parent's financial resources. Rome has no official maintenance table — each case is assessed individually.
Certain expenses are split 50/50 — school textbooks, sports activities, specialist medical visits, orthodontics, summer camps. The Rome Civil Court attaches a protocol on extraordinary expenses to its orders, listing which items require prior agreement and which do not.
The maintenance amount is automatically index-linked each year to the ISTAT FOI price index. Support for adult children continues until they are financially independent — there is no fixed upper age limit, but after 25 courts tend to scrutinise applications more closely.
How proceedings work at Rome's Family Court
Since 28 February 2023 the unified family procedure introduced by the Cartabia Reform (D.Lgs. 149/2022) is in force. Cases are heard at the Rome Civil Court — Family Division, Viale Giulio Cesare 54.
Your lawyer files an electronic petition including a proposed parenting plan and income documents for the last three years. The other spouse responds with their own proposals no later than 70 days before the first hearing.
Within 90 days of the petition, the presidential hearing takes place: the presiding judge meets both spouses, attempts conciliation, and — if that fails — issues provisional orders on custody, the family home, and maintenance.
If the child is 12 or older (or younger but mature enough to form a view), the judge hears them directly, in a private setting, often with the help of a psychologist or a specially appointed guardian.
In more contentious cases, a full evidentiary phase opens, which can include a court-appointed psychological expert assessment (CTU) to evaluate parental fitness, reports from the Municipio's Social Services, and testimony from teachers and the child's paediatrician. A CTU typically takes 6 to 12 months. The final ruling is issued by a panel of three judges; it can be appealed to the Court of Appeal within 30 days.
If you agree: faster routes
Assisted negotiation (DL 132/2014, art. 6): each spouse has their own lawyer, and together they sign an agreement. It is lodged with the Court for the public prosecutor's (PM) approval. Where there are minor children, PM clearance is required. No mandatory hearing. Timeline: 1–3 months.
Consensual separation at Court: joint petition, a single presidential hearing, and a decree of approval within 2–6 months.
Procedure before the mayor: only available where there are no minor children or financially dependent adult children. Done at the Rome Capitale Civil Registry Office.
Mistakes to avoid
- Taking the children abroad without the other parent's agreement. This is the criminal offence of child abduction (art. 574-bis of the Penal Code). Even for a holiday, you need the other parent's written consent or a court order.
- Stopping maintenance payments on your own initiative. If your financial situation changes, apply to the court for a variation. Non-payment is a criminal offence (arts. 570 and 570-bis of the Penal Code).
- Changing the child's school without the other parent's consent. This counts as a major decision and, under joint custody, you cannot make it unilaterally.
Special cases
Unmarried couples with children: after the 2023 Cartabia Reform, proceedings involving children of cohabiting couples also go to the Civil Court — Family Division, no longer to the Juvenile Court. The same unified procedure applies to everyone.
Mixed-nationality couples (Italian + foreign): EU Regulation 2019/1111 (Brussels IIb) applies. The competent court is the one in the country where the child habitually lives — so if the child lives in Rome, the Rome court decides.
Domestic violence: the judge can issue restraining orders, order supervised or suspended visits, and grant sole custody. In an emergency call 1522 (free anti-violence helpline, available 24 hours a day).
Low income: if your household income is below €12,838.01 per year (2025–2026 threshold), you are entitled to legal aid — the state pays for your lawyer. Apply at the Rome Bar Association (Consiglio dell'Ordine degli Avvocati di Roma) or the Court's Legal Aid Office.
Modifying existing orders: if something significant changes after the ruling (job loss, illness, relocation, children's circumstances), you can apply to vary the custody and maintenance terms with a new petition under art. 473-bis.29 of the Code of Civil Procedure.
The Family Counselling Centres (Consultori Familiari) of ASL Roma 1, 2, and 3 offer free family mediation and psychological support — well worth using before embarking on a lengthy and costly court battle.
Official sources
- Ministry of Justice — Family and minors
- Rome Civil Court
- Rome Juvenile Court
- Cartabia Reform — Ministry of Justice
- Legge 54/2006 — Normattiva
- D.Lgs. 149/2022 — Normattiva
- Family counselling centres — Regione Lazio
- Roma Capitale — Social services
- Anti-violence helpline 1522
Legal references: Legge 8 febbraio 2006 n. 54; DLgs 28 dicembre 2013 n. 154; DLgs 10 ottobre 2022 n. 149; Civil Code arts. 315-bis, 316, 317-bis, 330, 333, 337-bis–337-octies; Code of Civil Procedure arts. 473-bis et seq.; Legge 1° dicembre 1970 n. 898; Legge 6 maggio 2015 n. 55; DL 12 settembre 2014 n. 132 conv. L. 162/2014; Reg. UE 2019/1111; Hague Convention 25 ottobre 1980.