(Reference Office: D.G.IT. – Desk IV)
The expression “international child abduction” refers to the situation in which a child:
- is unlawfully taken abroad by those who do not exercise exclusive parental authority, without any authorisation;
- is not taken back to the country of habitual residence following a stay abroad.
The above cases occur more frequently when the break-up of the family unit arises in unions between persons of different nationality, culture, traditions, as well as legal system. People’s growing mobility and the increase in de facto unions also affect this phenomenon.
Child abduction and keeping the child abroad constitute a crime under Article 574 bis of the Criminal Code, if no other more severe offence (e.g. Article 605 of the Criminal Code) is detected.
With a view to preventing child abduction it is appropriate to:
- enquire about the custody and access rights provisions in force in the other parent’s country of nationality (or residence);
- where possible, have any child custody order obtained in Italy (or in the country of residence) recognised in the other parent’s country of nationality (or country of residence), or initiate similar proceedings directly in that country;
- have the other parent sign an undertaking to return to Italy on the date set;
- ask the competent judge to prohibit the expatriation of the child and/or the parent without the other parent’s consent;
- not to grant consent to the issuance of the child’s passport or withdraw the consent previously granted.
If abduction has already taken place, the parent or the holder of custody rights, when different, may:
- consider filing a complaint with the competent judicial police authorities;
- apply to the Central Authority at the Ministry of Justice ((autoritacentrali.dgm@giustizia.it) if the Hague Convention of October 25, 1980 or EC Regulation No. 2201/2003 is in force between Italy and the country of expected destination of the child. If the prerequisites are met, it is possible – through the Central Authority – to submit an application for the child’s return or an application for regulating access rights;
- contact the Ministry for Foreign Affairs and International Cooperation (MAECI) (dgit-04@esteri.it), in case an Italian child is abducted and taken abroad, if consular assistance is needed there. Where appropriate, MAECI may activate its diplomatic-consular Missions abroad for on-site actions (provision of lawyers’ names; mediation attempts; support to the Central Authority’s action, etc.).
On the other hand, MAECI cannot:
- represent the compatriot in legal proceedings;
- provide economic and financial support, unless the person concerned is destitute and resident abroad;
- take action in violation of local laws or international standards;
- bring a case before the local courts to have a national order recognised or enforced.
There is only one possible form of “prevention” to avoid conflict situations:
– to prioritise the primary and best interest of the child by trying to reach an agreement on custody and/or access rights.
For further information: