Supreme Court: it acquitted his wife who has not fulfilled its decision on custody of which he had been informed by telephone only
Measures custody of the children must be formally notified to the interested party and not just a simple telephone information. The clarification comes from the Supreme Court has acquitted during a Christmas holiday. The Court (Sixth Chamber Criminal Judgement n.6987/2011) points out that the woman was aware of the decision only after a phone call of her former husband. The measure, however, had been notified until later. The woman had already been acquitted by the Court of Appeal of Messina, but the husband had rivoltyo to the Supreme Court arguing that the woman had eluded the judge's ruling because he had communicated by telephone changes on access rights of the child. As stated in the sentence "The assumption that the applicant would, by phone, informally announced his estranged wife the new rules determined by civil courts about the formalities' of expectations del figlio minore, non puo' integrare la legale e piena conoscenza delle statuizioni giudiziarie alla cui osservanza [...] era obbligata".
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9847.asp
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