should be paid to the wife who has not fulfilled its decision on custody of which he had been informed by telephone only
Cassation, Judgement No. 6987/2011
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. The Court observes that the woman was aware of the decision only after a phone call of her former husband. The measure, however, was notified until later. The woman had already been acquitted by the Court of Appeal of Messina but her husband had approached 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 ways 'of custody of minor children, can not' integrate the legal and full knowledge of the heads court to which compliance was required [...] ".
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