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In 30 seconds
- If the parents live in different countries, the question is which court decides about the children.
- Taking a child abroad without the other parent’s consent can have serious consequences.
- This guide is information only and does not promise any outcome.
Why the subject is sensitive
In couples where the parents come from different countries, it happens that one returns to the country of origin with the children, or stays in Naples after the relationship ends. The other parent fears never seeing the children again. Each case has its own facts: the children’s ages, where they have lived, what was agreed. If you live outside Italy, the rules of your country may be different: ask a local lawyer.
Which court decides
As a rule, what counts is the place where the child lives on a stable basis, not the parents’ citizenship. If the child lives in Naples, an Italian court may have jurisdiction. Which court office, and under which rules, should be checked case by case with a lawyer and on the website of the Ministry of Justice.
Relocation and international abduction
If one parent takes the child to another country without the other’s consent, or does not bring the child back after a vacation, this may be called international abduction. There are international cooperation agreements between States for requesting the child’s return. Which States take part, and where to file the request, can be checked on the websites of the Ministry of Justice and of the Ministry of Foreign Affairs. Return is not automatic: the judge assesses the facts.
Hearing the child and custody
A child who is able to understand has the right to be heard in decisions that concern him or her. The judge decides in the child’s interest. Timing varies a great deal. No one can promise a length of time or an outcome, and no one who is serious about it would.
What to avoid
Avoid moving the children without a written agreement. Avoid hiding documents or passports. Keep evidence of where the children have lived: school, doctor, residence. If there is violence or danger, call 112 (Italy’s emergency number) right away and contact the anti-violence centers. The firm does not handle the law or taxes of other countries: for proceedings already open abroad, you need a local lawyer.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A mother of foreign origin lives in Posillipo with her six-year-old son. The father, who lives in another European country, wants to take him along for the summer. She fears he will not bring him back. A first step may be to put the dates and arrangements of the trip in writing and to consider whether a court order is needed before departure.
What to do in the first 7 days
- Keep the children’s passports, birth certificates and proof of residence.
- Write a timeline of dates and places, without comments.
- Do not move the children without the other parent’s written consent.
- Keep messages and emails with the other parent.
- If there is danger, call 112.
Frequently asked questions
Does the Italian judge always decide?
No. What counts above all is where the child lives on a stable basis.
Is verbal consent enough for the trip?
Written is better: verbal consent is hard to prove.
Learn more: Legal guides from Studio Legale Fiorentino.
Want to understand your case?
The firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely throughout Italy.
Original in Italian: Coppia mista a Napoli: figli e sottrazione di minori
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. For updated details, see the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.