The obligations of the Italian courts under the Hague Convention on International Child Abduction.
The court shall not decide on the merits of rights of custody.
The judicial and administrative authorities of Italy may, prior to the iussing of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of the Convention, if such a decision or determination may be obtained in that State.
After receiving notice of a wrongful removal or retention of a child, Italian court shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under the Convention or unless an application under the Convention is not lodged within a reasonable time following receipt of the notice.
The sole fact that a decision relating to custody has been given in or is entitled to recognition in Italy shall not be a ground for refusing to return a child under the Convention, but the courts may take account of the reasons for that decision in applying the Convention.
For more information on Parental international child abduction in Italy, please contact Lawyers in Italy
Published on 17 February 2014
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