The conflict between the right to free movement and co-parenting

The decision to move abroad often represents an important opportunity for personal or professional growth, but when minor children and a separation are involved, the situation becomes legally complex. As an expert family law attorney in Milan, Avv. Marco Bianucci deeply understands the delicate emotional and legal implications that arise when one parent wishes to start a new life across borders, while the other firmly opposes the child's relocation.

Our legal system places the paramount interest of the minor at the center of every decision. The principle of co-parenting requires that decisions of major interest for the children, which undoubtedly include the establishment of habitual residence, must be made by mutual agreement between the parents. If such an agreement is lacking, the parent intending to move cannot act unilaterally: doing so would expose them to the concrete risk of a report for international child abduction, with very serious criminal and civil consequences.

The role of the Court in authorizing relocation

When the consent of the other parent is not granted, the only viable path is through legal proceedings. It is necessary to file a petition with the competent Court to obtain authorization for the relocation. The judge does not merely assess the reasons of the custodial parent (e.g., a better job offer or returning to their country of origin), but examines whether such a move guarantees the child's psychophysical well-being. Italian jurisprudence is very strict: the relocation must not sever the bond with the parent remaining in Italy.

To obtain authorization, it is essential to demonstrate that the relocation will offer the minor better or equivalent living conditions to the current ones and, above all, to present a detailed plan that ensures the continuity of the relationship with the other parent. This includes planning for frequent returns to Italy, extended holiday periods to be spent with the non-custodial parent, and constant use of video calls. Without these guarantees, it is highly probable that the Court will deny authorization to preserve the child's right to maintain significant relationships with both parental branches.

The approach of Studio Legale Bianucci in cases of international relocation

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is distinguished by the meticulous strategic preparation of the petition. It does not limit itself to presenting the request, but constructs a true 'life project' for the minor in the new country. The firm works closely with the client to gather solid documentary evidence regarding future housing arrangements, school enrollment, the welcoming social context, and financial resources abroad.

Furthermore, Avv. Marco Bianucci places particular emphasis on preliminary negotiation. Before initiating litigation, structured mediation with the opposing party is always attempted, proposing extensive and generous visitation plans that can reassure the other parent about the maintenance of their educational role. If legal action becomes unavoidable, the defense in court aims to demonstrate how the relocation is not an act of selfishness by the parent, but a choice that, in the long run, will also bring benefits to the minor, without prejudice to their right to co-parenting.

Frequently Asked Questions

What are the risks if I take my child abroad without the other parent's consent?

Acting without the consent of the other parent or without judicial authorization constitutes the crime of international child abduction. This entails the immediate order for the child's repatriation under the Hague Convention of 1980, as well as possible criminal sanctions and the probable loss of custody or primary care of the child.

What criteria does the judge use to authorize relocation?

The judge exclusively assesses the best interests of the minor. They examine whether the relocation improves the child's quality of life, whether there are valid guarantees for maintaining contact with the parent remaining in Italy (timing and methods of visitation), the stability of the new living situation, and the child's age. The parent's work needs are considered only if they positively impact the child's well-being.

Can I move if I have sole custody?

Even in the presence of sole custody, decisions of major interest for the child, such as relocating their residence abroad, must be shared or authorized by the judge. Sole custody does not grant the parent absolute power to unilaterally decide on the minor's separation from the other parent.

How long does the procedure to obtain authorization take?

The timelines vary depending on the Court's caseload, but as these are matters affecting children's lives, urgent procedures can be requested. However, an ordinary lawsuit can take several months. It is essential to act well in advance of the planned departure date, entrusting the case to a competent lawyer to avoid procedural errors that would prolong the process.

Request a strategic consultation

The desire to move abroad with one's children requires impeccable legal planning to avoid traumatic consequences. If you are facing disagreement from the other parent or need to defend yourself against a relocation request that you believe is harmful, contact the firm for an in-depth evaluation of your case. Avv. Marco Bianucci receives clients at the Milan office located at Via Alberto da Giussano, 26, to define the most appropriate strategy to protect your rights and your children's future.