Dealing with the international child abduction represents one of the most traumatic and complex experiences a parent can endure. Beyond the anguish of separation and concern for the child's well-being, there is the difficulty of navigating different legal systems. As a lawyer expert in family law in Milan, Avv. Marco Bianucci deeply understands the gravity of this situation, offering legal support aimed not only at the child's return but also at fair compensation for the severe existential damage suffered by the parent left in Italy.

The Regulatory Framework: Between Immediate Return and Intra-Family Damage

International child abduction occurs when a parent transfers or retains a child abroad without the consent of the other parent or the authorization of the court. In Italy, this behavior not only constitutes a crime under Article 574-bis of the Criminal Code but also an civil wrong giving rise to compensation claims. The relevant legislation includes the Hague Convention of 1980 and the Brussels II ter Regulation, fundamental instruments for ensuring the child's immediate return to their habitual residence.

However, the aspect of compensation for damages in cases of child abduction is often underestimated, although it is crucial for restoring a balance of justice. Italian jurisprudence recognizes the right of the parent who is a victim of abduction to obtain compensation for non-pecuniary damage, understood as the inner suffering and the violation of the right to parenthood, and for pecuniary damage, relating to expenses incurred for legal proceedings abroad and necessary travel.

The Approach of Bianucci Law Firm in Milan

Avv. Marco Bianucci, a lawyer expert in family law in Milan, adopts a dual and prompt strategy. On one hand, procedures provided by international conventions are immediately initiated to secure the child's repatriation, collaborating with the competent Central Authorities. On the other hand, a civil action is simultaneously launched to seek recognition of the damage suffered.

The strategy of Bianucci Law Firm is distinguished by its attention to detail in quantifying the prejudice suffered by the client. We do not limit ourselves to requesting the return but build a solid evidentiary basis to demonstrate the extent of the existential damage caused by the deprivation of the relationship with the child. The goal is to obtain a judgment that not only brings the child home but also economically sanctions the unlawful conduct of the other parent, serving as a deterrent for the future.

Frequently Asked Questions

How is compensation for international abduction calculated?

Compensation is quantified by the judge equitably, taking into account various factors: the duration of the abduction, the child's age, the intensity of the suffering caused to the parent remaining in Italy, and the objective expenses incurred in attempting to recover the child. It is essential to document every expense and provide proof of the psychological distress suffered.

How long does it take to get the child back?

Procedures based on the Hague Convention provide for swift timelines, theoretically within six weeks of initiating the procedure. However, in practice, the timelines can vary depending on the complexity of the case and the cooperation of the foreign state where the child has been taken. The timely intervention of an expert lawyer is crucial to avoid delays.

Can I claim compensation even if the child has already returned?

Absolutely yes. The child's return does not erase the unlawful act nor the suffering endured during the period of separation. The action for compensation for damages can be initiated or continued even after reunification, to obtain redress for the moral and material damages suffered during the period of forced separation.

What happens if the other parent has no assets in Italy?

This is a complex situation that requires in-depth asset analysis. If the abducting parent resides abroad and owns no assets in Italy, the judgment ordering compensation issued by the Italian court will need to be recognized and enforced in the foreign country. The firm preliminarily assesses the feasibility and the best strategy for the actual recovery of funds.

Request a Legal Consultation in Milan

If you are experiencing the drama of an international abduction or require assistance in claiming compensation for damages suffered, do not wait any longer. Time is a determining factor in these procedures. Contact Avv. Marco Bianucci for an assessment of your case at the Milan office, located at Via Alberto da Giussano, 26. Together, we will define the most effective strategy to protect your rights and those of your children.