What to do if your ex doesn't return your child

The moment a child is not returned according to the agreements established by the court is a source of deep distress and concern. This situation not only represents a violation of separation or divorce agreements but also infringes upon the child's right to dual parentage and the peace of mind of both parents. Understanding the legal tools available is the first step to acting effectively and promptly. As an expert lawyer in family law in Milan, Avv. Marco Bianucci handles these delicate disputes with the utmost urgency, always prioritizing the child's protection. The goal is to immediately restore legality and ensure compliance with judicial orders.

The Regulatory Framework: Article 709-ter of the Italian Code of Civil Procedure

In Italy, the reference legislation for managing parental non-compliance regarding child custody is Article 709-ter of the Code of Civil Procedure. This article provides the judge with the tools to sanction a parent who violates orders concerning minors or who obstructs the proper implementation of custody arrangements. The failure or delay in returning the child falls fully within these scenarios. Through a petition based on this article, the aggrieved parent can ask the court to intervene urgently to resolve the dispute and sanction the detrimental behavior.

The measures that the judge can adopt are varied and graduated according to the severity of the conduct. They start with the admonishment of the non-compliant parent, a formal reminder to respect their obligations. If admonishment is insufficient or the violation is particularly serious, the judge may order damages against one of the parents, payable to the child or to the other parent. Furthermore, they can order the non-compliant parent to pay an administrative monetary penalty, ranging from a minimum of 75 euros to a maximum of 5,000 euros, payable to the State Treasury. These tools are designed to be deterrent and to restore balance in the parental relationship, always in the paramount interest of the child.

The Approach of the Bianucci Law Firm

When faced with a failure to return a child, the approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is geared towards speed and effectiveness. The strategy is based on the immediate activation of the most appropriate procedural tools, foremost among which is the urgent petition pursuant to Article 709-ter of the Code of Civil Procedure. The primary objective is to obtain a court order in the shortest possible time that mandates the immediate return of the child and, concurrently, assesses the application of the prescribed sanctions. Every action is preceded by a careful analysis of the specific case, gathering evidence of non-compliance (such as messages, emails, or testimonies) to present a clear and irrefutable picture to the judge.

The Bianucci Law Firm, based in Milan, firmly believes that managing these crises requires not only legal expertise but also profound sensitivity. Avv. Bianucci assists the client at every stage, providing legal and strategic support aimed at protecting the parental bond and, above all, safeguarding the child's psycho-physical well-being. Where non-compliant behavior becomes systematic, the firm also considers the possibility of requesting a review of the custody arrangements, to ensure the child a more stable and serene living environment.

Frequently Asked Questions

What can I do immediately if the other parent doesn't return my child to me?

The first recommended action is to attempt formal and documented contact (e.g., via certified email or a message with read receipt) to request the immediate return. If this attempt fails, it is crucial to contact a lawyer immediately to file an urgent petition with the competent court. In cases of suspected danger to the child, it is also advisable to report the incident to the law enforcement authorities.

What sanctions does the non-compliant parent risk?

The parent who does not comply with the agreements risks various consequences. The judge may issue a formal admonishment, order them to pay damages to the other parent or to the child themselves, and impose a monetary penalty of up to 5,000 euros. In more serious and repeated cases, such behavior can negatively influence a future review of custody arrangements.

Is the failure to return a child a criminal offense?

Yes, under certain circumstances. If the failure to return is prolonged and carried out with the intent to permanently remove the child from the other parent exercising parental responsibility, it may constitute the crime of kidnapping of an incapable person (Article 574 of the Criminal Code) or, if the child is taken abroad, international child abduction. However, the civil route through Article 709-ter of the Code of Civil Procedure is often the fastest and most effective way to obtain the child's return.

Can I modify the custody arrangements after these incidents?

Yes. Serious and repeated acts of non-compliance can be valid grounds for requesting the court to modify custody and visitation arrangements. If it is demonstrated that a parent's conduct is detrimental to the child's balance and stability, the judge may revise the custody arrangements, for example, by ordering sole custody or regulating visits more strictly.

Contact the Firm for an Assessment of Your Case

The failure to return a child is an emergency that requires decisive and competent legal action. If you are experiencing this difficult situation, it is crucial to act without delay to protect your rights and, above all, your child's well-being. Avv. Marco Bianucci offers his consolidated experience in the field to analyze your case and define the most effective strategy. Contact the Bianucci Law Firm in Milan to receive targeted legal advice and initiate the necessary actions to restore the correct application of custody agreements.