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:

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

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