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Hague Convention on international child abduction in Italy (Implementation Act)

Italian lawyers for parental kidnapping in Italy.

Hague Convention on international child abduction in Italy (Implementation Act)

 

 

 

 

 

 

 

 

The Hague Convention of 25 October 1980 on the civil aspects of international child abduction, entered into force in Italy with Law no. 64 of January 15, 1994 (Implementation Act of the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980). 

The Central Authority is the Ministry of Justice, Office of Juvenile Justice. The requests to get the return of the child to its habitual residence's country or to restore the effective exercise of rights of access, shall be submitted through the central authority in accordance with Articles 8 and 21 of the Convention. The central authority shall without delay send the documents to the Public Prosecutor at the Juvenile Court of the place where the child is located. The Public Prosecutor submit an urgent civil action to the court asking the rempatriation of the child or the restoration of rights of access.

The president of the court fixes the date of hearing by decree, giving notice to the Central Authority. The court will decide by decree within thirty days from the date of receipt of the request (generally, the courts take more time, but these kinds of trials are very fast if compared to other processes). The court will hear the person accused of parental child abduction, the Public Prosecutor and, where possible, the child abducted. The parent who made the request shall be informed of the date of the hearing by the central authority and he/she can participate in the trial at his/her own costs (the assistance of a lawyer is not required by law, but it is very recommended).

The decree of the court is immediately enforceable. Against the court's decree, it is possible to submit an appeal before the Supreme Court, but the appeal does not suspend the execution of the decree. 

If you need legal assistance on the international child abduction in Italy, don't hesitate to contact us (click here).

Please, see also:

International parental kidnapping in Italy

What can i do if my child was brought illegaly to Italy?

International Parental Child Abduction in Italy

Legal assistance in international child abduction cases in Italy

International parental child abduction from United States to Italy

Hague Convention of 25 October 1980 on the civil aspects of international child abduction

When the Italian court must refuse the return of abducted children

Italy increases the fight against international child abduction

Joint Custody of children in Italy

Published on 10 June 2014

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