The role of Juvenile Court on International Child Abduction in Italy
The jurisdiction of the Italian Juvenile Courts on cases of international child abduction in Italy
The decision on the rempatration's request made under the Hague Convention of 1980, is taken by the Juvenile Court (Tribunale per i Minorenni) of the place where the child is located. The court decides in closed session, after hearing the parties.
The parent who denounces the abduction does not need to participate in the trial, but it is recommended to be represented by a lawyer. The parent who abducted the child, must to appear before the court where he will be heard and invited to express his objections to the return of the child.
The Juvenile Court must judge only if the Convention applies or not. It can not judge which of the two parents is the most likely to have custody of their children.
The Juvenile Court must ascertain where is the place of habitual residence of the child, if there is a judgment or an agreement about custody of the children, if there is a risk to the physical and mental health of the child in the case of repatriation or if the child objects to return. In this last case, the court must verify the ability to discern of the child, considering the eventual influence by his parents.
For more information on international child abduction in Italy, see also:
For more information, please contact Italian Lawyers
Published on 25 November 2013
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