The Problem: Moving with Children

A parent's decision to move to another city or abroad is one of the most delicate and complex issues in family law, especially when minor children are involved. Whether you are planning a move for new work or personal opportunities, or you fear your child being uprooted due to the other parent's decision, you are at a crossroads that requires clarity, strategy, and a deep understanding of the legal framework. In these circumstances, the assistance of an expert family lawyer in Milan is essential to navigate the legal path and protect the primary interest of the child. Lawyer Marco Bianucci handles these cases with the awareness that every decision will profoundly impact the lives and well-being of children.

The Legal Framework: The Best Interests of the Child

Italian law places the child's exclusive moral and material interest at the center of every decision concerning minors. The transfer of a child's residence is not a choice that a parent, even the custodial one, can make unilaterally. Article 337-sexies of the Civil Code clearly states that any change of residence or domicile that significantly distances the child from the other parent's residence must be agreed upon by the parties. In the absence of an agreement, the decision rests with the judge, who will assess all aspects of the situation to determine if the move truly serves the child's well-being.

It is crucial to distinguish between a simple change of dwelling within the same municipality, which generally does not require specific authorization as long as it does not alter visitation arrangements, and a move to another city, region, or country. The latter substantially alters the child's life, affecting their right to shared parenting, their relationship with the non-custodial parent, their connections with grandparents and friends, and their school and social routine. For this reason, case law is very rigorous in analyzing relocation requests, requiring serious justifications and a solid life plan that guarantees the continuity of the child's emotional bonds.

The Approach of the Bianucci Law Firm

The approach of Lawyer Marco Bianucci, a lawyer with extensive experience in family law in Milan, is based on a strategic and personalized analysis of each case. We understand that behind every relocation request or objection, there are personal stories and legitimate concerns. Our first step is to listen carefully to your situation to define the objective and build a coherent defense strategy based on concrete evidence. It is not simply a matter of expressing a desire, but of demonstrating to the judge, with documentary and factual proof, why the move (or its denial) is the best choice for the child.

If you are the parent wishing to move, we will work to present a reasoned and detailed application, highlighting the benefits that the change of residence would bring to the child in terms of economic stability, educational opportunities, and quality of life. We will organize a precise plan to ensure the maintenance of a strong and continuous relationship with the other parent. If, on the other hand, you oppose the move, our strategy will focus on demonstrating the harm that uprooting would cause your child, emphasizing the importance of existing emotional and social bonds and the potential destabilization of their psychophysical balance.

Frequently Asked Questions

Can I move with my child to another city without the other parent's consent?

No, you cannot. If the move involves a significant distance that makes it more difficult to visit the other parent, their explicit consent is required. In case of disagreement, it is mandatory to go to court, which will decide after carefully evaluating the situation and hearing the reasons of both parents, always prioritizing the child's best interests.

What does the judge consider to authorize a child's relocation?

The judge conducts a comparative assessment. They analyze the reasons of the parent requesting the move (e.g., job opportunities, family reunification), the solidity of the new life plan, the opportunities it would offer the child, and, above all, how the child's right to maintain a continuous relationship with the non-custodial parent and their family of origin would be guaranteed. The child's wishes are also considered, if they are over 12 years old or deemed capable of discernment.

If the other parent moves, can I request a modification of custody?

Yes, this is a real possibility. If the custodial parent's move is authorized, the custody and visitation arrangements must necessarily be renegotiated. In some cases, if the move is particularly detrimental to the relationship with the child, the judge might even consider reversing custody, placing the child with the parent who remains in the habitual residence to ensure their stability.

How long does it take to get court authorization?

The timelines can vary considerably depending on the workload of the competent court and the complexity of the case. A consensual procedure is much faster. In cases of conflict, it may be necessary to initiate legal proceedings which, including hearings and possible expert consultations, can take several months. It is essential to act in advance and not take unilateral initiatives.

Contact the Firm for an Assessment of Your Case

Issues related to child relocation require careful planning and expert legal guidance to avoid missteps that could compromise your rights and, above all, your child's well-being. Lawyer Marco Bianucci offers legal advice in Milan to analyze your specific situation, whether you intend to request authorization for relocation or need to oppose the other parent's decision. A strategic and personalized approach is essential to protect what matters most to you. Contact the law firm at Via Alberto da Giussano, 26 to schedule an appointment and discuss your case.