In 30 seconds
If one parent moves a child to another country, or keeps the child there, without the other parent’s agreement, this may be international child abduction. Fast tools exist, but time matters. The first step is to gather documents and work out where the child habitually lived. This article is a general overview and does not replace a review of your specific case.
What international abduction means
Abduction means a child is taken or kept in another country in breach of the other parent’s custody rights. The framework is the 1980 Hague Convention and, between EU member states, Regulation (EU) 2019/1111.
Prompt return of the child
The Convention aims at the child’s quick return to the country of habitual residence, so that custody is decided there. It does not decide which parent is better. There are situations in which return may be refused.
The central authority and the court
Italy has a central authority within the Ministry of Justice, which receives and forwards requests. The decision on return is taken by a judge.
Time limits
The European Regulation sets short deadlines for deciding on return. This is why it is wise to act at once. After one year from the abduction, the child’s settlement in the new environment may carry more weight.
Custody and parental responsibility
Which court decides on custody depends on the child’s habitual residence. For a child living in Italy with one Italian and one foreign parent, the Italian judge applies the rules on parental responsibility. Criminal consequences are also possible.
Typical case
A situation that comes up often.
A foreign mother and an Italian father live in Italy with their seven-year-old daughter. After the relationship ends, the mother travels to her home country with the girl, saying it will be a few weeks. Two months later she has not returned. The father wants to know what to do, whom to contact and how quickly.
Frequently asked questions
Can I ask for my child’s return if I am not married?
It depends on the custody rights the law recognises and on the facts.
By when must I act?
The sooner the better; some time limits affect the decision.
If the child does not want to go back, is the child heard?
The judge may hear the child according to age and maturity.
What to bring to the consultation
Passports and ID of both parents and the child; birth certificate; any separation or custody orders; messages about the trip; proof of habitual residence (school, doctor, lease); travel tickets. The firm does not advise on the law or taxes of other countries: proceedings abroad require a lawyer of that country.
Read more on this site (in Italian)
Studio Legale Fiorentino, Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome, Bari; consultations also remote. The first meeting is held in Italian only, with no interpreter, and can take place by video call.
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Note: content prepared with the help of artificial intelligence tools; it is not legal advice.