JUVENILE LAW

Juvenile law is a branch of law that deals with the laws and procedures concerning minors. This includes a wide range of issues, such as:

• • the protection of minors,
  • custody and adoption,
  • criminal proceedings for minors,
  • the rights of minors in schools

The main goal of juvenile law is to protect the well-being and rights of minors, ensuring that their needs are met in a safe and supportive environment.

Children’s rights are broad and include:

• the right to protection from violence, abuse, and neglect,
• the right to education,
• access to healthcare,
• the right to an adequate standard of living,
• the right to be heard in all matters that concern them. The law aims to ensure that these rights are respected and protected, with particular attention to the needs and vulnerability of minors.

A minor can request a lawyer in various situations, such as during judicial proceedings (both civil and criminal), in cases of custody and adoption, and in other legal circumstances that affect their rights and well-being. A lawyer specialized in juvenile law can represent the interests of minors, ensuring their voice is heard and their rights are protected.

The recent Cartabia reform has institutionalized this role by establishing, in all civil proceedings involving minors where there are conflicts between the parents, the figure of the Special Guardian. This guardian is appointed by the court—either the ordinary or juvenile court depending on jurisdiction—and is chosen from a specific register of qualified lawyers. The Special Guardian is also responsible for managing the minor’s assets, signing contracts, and making decisions regarding the administration of the minor’s property.

Cases of child custody are handled through a legal proceeding aimed at determining the most suitable environment for the child’s well-being. This process takes into account various factors, such as the ability of the parents or guardians to provide a safe and stable environment, the specific needs of the child, and the child’s wishes, if appropriately expressed. The ultimate goal is always to act in the best interest of the child.

The lawyer in juvenile law plays a crucial role in representing and protecting the interests of minors. This includes providing legal advice, representing the minor in court, and ensuring that their rights are respected throughout all aspects of the legal proceedings. The lawyer is also essential in guiding the minor and their family through the complex legal system, ensuring that the decisions made are in the best interests of the child.