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International child abduction and rights of access in Italy according to EU law.

Council Regulation no. 2201/2003 (Brussels II) and its application in Italy.

International child abduction and rights of access in Italy according to EU law.

 

 

 

 

 

 

 

 

According to Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, the rights of access granted in an enforceable judgment given in a Member State, shall be recognised and enforceable in another Member State without the need of a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin.

The judge of origin shall issue the certificate concerning rights of access only if:

- where the judgment was given in default, the person defaulting was served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defense, or, the person has been served with the document but not in compliance with these conditions, it is nevertheless established that he or she accepted the decision unequivocally;

- all parties concerned were given an opportunity to be heard;

- the child was given an opportunity to be heard, unless a hearing was considered inappropriate having regard to his or her age or degree of maturity.

Where the rights of access involve a cross-border situation at the time of the delivery of the judgment, the certificate shall be issued ex officio when the judgment becomes enforceable, even if only provisionally. If the situation subsequently acquires a cross-border character, the certificate shall be issued at the request of one of the parties.

About International child abduction, the return of the child entailed by an enforceable judgment given in a Member State, shall be recognised and enforceable in another Member State without the need of a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin.

Even if national law does not provide for enforceability by operation of law, notwithstanding any appeal, of a judgment requiring the return of the child mentioned, the court of origin may declare the judgment enforceable.

The judge of origin who delivered the judgment shall issue the certificate concerning the return of the child(ren), only if:

- the child was given an opportunity to be heard, unless a hearing was considered inappropriate having regard to his or her age or degree of maturity;

- the parties were given an opportunity to be heard;

- the court has taken into account in issuing its judgment the reasons for and evidence underlying the order issued pursuant to Article 13 of the 1980 Hague Convention.

In the event that the court or any other authority takes measures to ensure the protection of the child after its return to the State of habitual residence, the certificate shall contain details of such measures.

For more information on international child abduction and rights of access in Italy, see also:

International Parental Child Abduction in Italy

Legal assistance in international child abduction cases in Italy

Lawyers for international parental kidnapping 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

The habitual residence of the child according to Italian Supreme Court

Italy increases the fight against international child abduction

Joint Custody of children in Italy

English speaking lawyers in Italy

Italian lawyers for U.S. citizens in Italy

Italian lawyers for Canadian citizens in Italy

Italian lawyers for Australians in Italy

For more information, please contact Italian Lawyers

Published on 13 January 2014

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