Moving Abroad with a Minor Child

The decision to move abroad represents a significant life change for a family, especially when minor children are involved in a separation or divorce. Whether it's for a new job opportunity, to reunite with family, or for other valid personal reasons, this plan must be balanced with the need to protect the principle of shared parenting and, above all, the child's best interests. Understanding the legal procedure, the necessary permits, and the risks of unauthorized action is the crucial first step. As an expert family law attorney in Milan, lawyer Marco Bianucci supports parents through this delicate process, ensuring every decision is well-considered and legally sound.

The Legal Framework: Consent of the Other Parent and Court Intervention

In Italy, shared custody is the standard. This means both parents have the right and duty to participate in major decisions regarding their children's lives, such as those related to health, education, and, of course, residence. Moving a child's residence abroad falls squarely into this category. Therefore, the move is only legitimate if there is explicit consent from both parents. A verbal agreement is not sufficient; it is always advisable to formalize consent in writing to avoid future disputes. If the other parent denies consent, the parent wishing to move cannot act unilaterally but must necessarily approach the competent Court.

The Judge's Assessment: The Child's Best Interests

When a parent files a request for authorization to move, the judge will not assess the validity of the adult's life choices but will base their decision solely on one criterion: the child's best interests. The court will analyze a series of concrete factors, including the validity of the reasons for the move, the opportunities the new country offers the child in terms of growth, education, and well-being, the transferring parent's ability to maintain a strong emotional and relational bond between the child and the parent remaining in Italy, and the impact of the change on the child's psychophysical balance. This is a complex analysis that requires the presentation of a detailed and convincing life plan.

The Bianucci Law Firm's Approach

Addressing such a sensitive issue requires a clear strategy and targeted legal assistance. The approach of lawyer Marco Bianucci, an expert family law attorney in Milan, is based on a thorough and personalized analysis of the case. Firstly, the path of dialogue and mediation is always explored, seeking to reach an agreement with the other parent that satisfies everyone's needs and precisely defines the modalities for long-distance contact. If negotiation is not feasible, the Bianucci Law Firm assists the client in preparing a solid, documented application to be submitted to the Court, highlighting all elements favorable to the move from the perspective of the child's well-being. The goal is to provide the judge with a complete picture for an informed and fair decision.

Frequently Asked Questions

What happens if the other parent denies consent for the move abroad?

If an agreement cannot be reached, the parent wishing to move must file a petition with the court. The judge will decide, after hearing both parents and, if appropriate, the child (if over 12 years old or possessing adequate discernment), authorizing or denying the move based on the child's prevailing interest.

What factors does the judge consider to authorize the child's move?

The judge considers multiple aspects: the reasons for the move, the quality of life the child would have in the new country (school, social environment, opportunities), the distance and difficulties in maintaining ongoing contact with the non-custodial parent, and the transferring parent's ability to foster such contact. It is crucial to present a serious and detailed life plan.

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

An unauthorized move is a very serious illicit act. It can constitute the crime of international child abduction, governed by the Hague Convention of 1980. This triggers an urgent procedure for the child's immediate return and can have very serious criminal and civil consequences, including a review of custody arrangements.

Is it possible to obtain temporary authorization for the move?

Yes, it is possible to request authorization for a temporary move, for example, for a one-year work assignment. In such cases, it is even more important to precisely define how the child will maintain contact with the parent in Italy during the period abroad and the guarantees for their return at the end of the term.

Contact the Firm for an Assessment of Your Case

Planning a move abroad with a minor child requires legal expertise, sensitivity, and a careful strategy. If you are considering this possibility or are opposing your ex-partner's move, it is essential to act with awareness and in full compliance with the law. Lawyer Marco Bianucci offers legal advice and assistance at the Milan office, located at Via Alberto da Giussano 26, to analyze your specific situation and define the most appropriate path to protect your rights and, above all, your child's well-being. Contact the firm to schedule an appointment.