International Child Abduction

Discovering that the other parent has taken your child abroad without authorization is a traumatic experience that requires immediate and competent legal action. International child abduction is not only an act that violates the rights of the other parent but, above all, an event that profoundly destabilizes the child's life and psychophysical well-being. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci understands the deep distress and urgency these situations entail, offering legal support aimed at achieving the child's prompt return.

The relevant legislation in these cases is the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. This international treaty, ratified by numerous countries including Italy, aims to ensure the immediate return of children unlawfully transferred or retained in a contracting state and to ensure that custody and access rights existing in one state are respected in others. The primary objective is to restore the situation prior to the transfer, so that the judge of the child's habitual residence decides on matters relating to custody.

The Bianucci Law Firm's Approach

Handling an international abduction case requires not only a thorough knowledge of the Hague Convention but also a reactive and personalized legal strategy. The approach of Avv. Marco Bianucci, a lawyer with extensive experience in international child abduction in Milan, is based on two pillars: immediate intervention and a tailored strategy. The first step is to activate the international cooperation procedure without delay, submitting the return application to the Central Authority designated by the Ministry of Justice.

In parallel, the firm analyzes every detail of the case to build a solid legal argument to present to the foreign judge. Crucial elements are evaluated, such as proof of the child's habitual residence in Italy, the absence of consent for the transfer, and the non-existence of exceptions that could hinder repatriation. The goal is to provide foreign authorities with a clear and unequivocal picture of the situation, demonstrating that the child's return to their family and social environment is in their best interests, a fundamental principle in any proceeding concerning them.

Frequently Asked Questions

What should I do immediately if my child has been taken abroad?

The first action to take is to immediately contact a lawyer specializing in family law to assess the situation. It is essential to gather all useful documentation, such as birth certificates, separation or divorce decrees, proof of the child's habitual residence in Italy (e.g., school enrollment, medical certificates), and report the incident to the police authorities. The lawyer will then draft and file the return application with the competent Central Authority.

How long does it take to get the child back?

The Hague Convention provides that procedures should be treated with the utmost urgency. The theoretical goal is to reach a decision within six weeks of the judicial authority of the requested state receiving the application. However, the actual duration can vary significantly depending on the state where the child is located, the complexity of the case, and any appeals. Promptness in initiating the procedure is a crucial factor in accelerating the process.

Can the foreign judge refuse the child's return?

Yes, but only in exceptional circumstances strictly defined by the Convention. Repatriation may be denied if more than one year has passed since the transfer and the child has become integrated into the new environment, if there is a well-founded risk that the return would expose the child to physical or psychological danger, or if the child themselves, having reached an adequate age and degree of maturity, objects to the return. These are exceptions that must be rigorously proven by the party invoking them.

What exactly is meant by 'habitual residence'?

Habitual residence does not necessarily coincide with registered residence or citizenship. It is a factual concept that indicates the place where the child has the effective center of their life and interests. To determine it, the duration, regularity, and conditions of stay in a given state, school and social integration, family ties, and language knowledge are considered. It is the place the child perceives as their home.

Contact the Firm for Urgent Consultation

If you are facing the distressing situation of international child abduction, it is crucial to act with the utmost promptness and with adequate legal support. Avv. Marco Bianucci offers his extensive experience to analyze your case and define the most effective strategy to achieve your child's return. Contact the law firm in Milan to receive an initial legal opinion and understand the concrete and urgent steps to take to protect your child.