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Child Abduction in Italy

The requirement of habitual residence for the application of the Hague Convention of 1980.

Child Abduction in Italy

 

 

 

 

 

 

 

 

For the purpose of child's return and the restoration of the right of access, the definition of State of habitual residence of the child is very important. 

In fact, for the application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the applicant must to prove that the child has his "habitual residence" in a member State of the Convention and has been wrongfully removed or retained in another member State. For example, the Convention shall not apply if the child has been moved to Japan, which doesn't join the Hague Convention.

The child abduction must be international, so the case have to involve two states recognized as such by the United Nations. Hague Convention doesn't apply when the abducted child is into the territory of the State of habitual residence, even if the parents are from different countries.  

Despite the importance of the habitual residence, the Hague Convention does not define its notion. Indeed, it would be impossible to reach a consensus on a unified notion of habitual residence, since the laws of the Member States establish and identify the habitual residence according to different principles. However, according to Italian Law the habitual residence of the child is that of their parents.

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners

Please, see also:

Lawyers for international parental kidnapping in Italy

Specialist lawyers in International child abduction in Italy

Child Custody Disputes in Italy

The International Child Abduction in EU countries

International Lawyers for Child Abduction

Hague Convention on the Civil Aspects of International Child Abduction

The member countries of Hague Convention of 1980

For more information, please contact Lawyers in Italy

Published on 15 January 2013

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