ITALY Law and Practice Contributed by: Romualdo Richichi, Studio Zanetti Vitali
This means that, even if relocation is deemed to be problematic for the child, it may be authorised anyway if the best interests of the child dictate, above all other concerns, the preservation of their ties with the parent who is relocating or if the parent left behind is not able to fully meet the child’s needs. However, various other options might also be possible if they serve the child’s best interests, even if they mean granting custody to parties (private or public) other than the parents, although this applies only in extreme cases. In all cases, while deciding on a relocation issue, in order to evaluate whether a move is in the best inter- ests of the child, the court will try to make a balanced assessment of factors that include the following: • the likely consequences of the move on meeting the basic needs of the child (whether the environ - ment of the country of destination is safe and healthy; whether housing needs are met; whether any special medical care needs of the child can be fully met after the move; whether the education of the child will be compromised by a move, etc); • the likely ability of the child to maintain a satisfy - ing relationship with the parent and relatives left behind; • the ability of the parents to generate sufficient income to meet the expenses required to support the child both before and after the move; • the child’s likely ability to adapt to their new situa - tion following relocation (which can be influenced by factors such as their ability to understand and speak the language of the country of destina - tion; the compatibility of the school system of the destination country with the system of the country of origin; the existence of a network of familial or social relationships already in place in the destina - tion country or the likely ability of the child to build new relationships upon arrival; and the ability of the child to pursue, in the country of destination, sports, cultural activities and other hobbies which they enjoyed in their country of origin); • the likely negative consequences of removal of the child from their habitual environment, namely a possible loss of social and familial relationships already established in the country of origin; and
• new and positive opportunities that could be avail - able to the child after the move. 2.3.2 Wishes and Feelings of the Child As indicated in 1.1 Parental Responsibility , before issuing an order on anything as major as a relocation, a judge must hear directly any children aged 12 years or younger if they are considered mature enough to have a say in the matter. The weight given to their opinion will be proportional to their maturity, and to the seriousness of the motives on which their opinion appears to be grounded. 2.3.3 Age/Maturity of the Child The wishes and feelings of the child will be taken into consideration if the child is considered old enough. It is very unlikely that a judicial decision on relocation would go against the clearly expressed wishes of a child approaching adulthood, which in Italy is age 18. 2.3.4 Importance of Keeping Children Together Even in very specific cases, for example, when a rela - tionship among siblings is seriously compromised, or when the behaviour of one is a threat to the others, this principle can be subject to exceptions, and in evaluating an application to relocate, the Italian court will attach paramount importance to the need to keep siblings together. 2.3.5 Loss of Contact The principle according to which all children have the right to full access to both of their parents ( principio di bigenitorialità ) is one of the pillars of the Italian family law system, and the risk of compromising the rela - tionship between children and parents left behind in a relocation is one of the main obstacles that must be overcome when obtaining authorisation to relocate from the Italian court. However, this risk can be mitigated if the visiting rights of the non-relocating parent can be structured in such a way as to limit loss of contact, for example by grant - ing this parent the right to have the child with them during most weekends and holidays. This would clear - ly be more straightforward if the country of destination in the relocation is not difficult to reach.
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