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Opposition to the return of abducted children according to the 1980 Hague Convention

When the Italian court must refuse the return of abducted children.

Opposition to the return of abducted children according to the 1980 Hague Convention

 

 

 

 

 

 

 

 

Pursuant the 1980 Hague Convention on the Civil Aspects of International Child Abduction, a court of a Contracting State must order, without any delay, the repatriation of the abducted child. 

However, the court may refuse to order the return in the following cases: 

- when the application of the Convention has been requested after one year from the abduction (but the court shall order the return even if one year has elapsed, unless it is demonstrated that the child is settled in his new habitual residence);

- when the person, that has the rights of custody, was not exercising his rights at the time of removal or retention, or had explicitly given his authorization;

- when there is a grave risk for the abducted child to be exposed to physical or psychological harm if he will return to the country from which it was removed; 

- when the return of the child is contrary to the human rights and fundamental freedoms; 

- when the child objects to being returned (however, in this case, the judge is obliged to ascertain the degree of maturity of the child).

For more information on international child abduction in Italy, see also:

International Parental Child Abduction in Italy

Legal assistance in international child abduction cases in Italy

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

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

For more information, please contact Italian Lawyers

Published on 02 September 2013

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