Pursuant to Article 3(1)(a) of Regulation (EC) No 2201/2003 – which applies also to citizens of non-EU Member States – Italian courts have jurisdiction over an application for judicial separation lodged by a spouse who is a foreign citizen and has resided in Italy for more than a year before the application was made. Pursuant to Article 8 of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over a claim concerning the custody of the children if they are habitually resident in Italy. Even though the questions relating to the faults and the responsibility for the marital crisis do not fall within the scope of application of Regulation (EC) No 2201/2003, under Italian procedural rules currently in force the request that a spouse be declared responsible for the separation cannot be subject to jurisdictional rules different from those applicable to the main application for separation, to which said EC Regulation applies. Pursuant to Article 5(2) of Regulation (EC) No 44/2001 (which applies for reason of time), Italian courts have jurisdiction over a claim for maintenance that is ancillary to an application for judicial separation over which said courts already have jurisdiction. Pursuant to Article 3(1) of Law No 218/1995, Italian courts have jurisdiction over a claim for the allocation of the family home if the defendant spouse resides in Italy. Based on Article 31(2) of Law No 218/1995, a personal separation is governed by Italian law if it is not contemplated by the common foreign law of the spouses (i.e., in this case, the Moudawana of Morocco).