(Un)regulation of extraordinary expenses for children in family crises: comparative insights from the canadian model

The regulation of extraordinary expenses in separation and divorce proceedings represents a critical challenge in Italian Family Law. The absence of centralized legislation and uniform guidelines has resulted in fragmented practices across courts, amplifying judicial discretion and generating uncertainty for parents. This article provides the results of a systematic mapping of the protocols adopted by Italian courts, revealing significant disparities in the management of extraordinary medical, educational, and extracurricular expenses, both nationally and within individual Court of Appeal Districts. Conversely, drawing on the Canadian model, which employs federal uniform guidelines to regulate extraordinary expenses, this study investigates how such an approach can balance certainty, predictability, fairness, and flexibility. Employing a methodology that integrates inductive and deductive approaches – including case study analysis and a review of normative and doctrinal sources from a comparative perspective – therefore, the article proposes actionable recommendations to harmonize Italian practices, aiming to reduce legal uncertainty and improve outcomes for families.