ITALY Law and Practice Contributed by: Romualdo Richichi, Studio Zanetti Vitali
2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? There are no specific reasons for relocation towards which Italian courts are more sympathetic, although it is very helpful if the applicant can convince the judge that a move will not significantly unsettle the child’s usual routines, with the following scenarios being very favourable: • the relocation will not negatively affect the contact between the child and parent left behind; • the child is already fluent in the language of the destination country; • the child, while still in the country of origin, was already enrolled in a “foreign” school adopting the curriculum of the country of destination, or, upon arrival, will be enrolled in a school following the “domestic” system; • the material conditions of life of the child will likely improve after the move; • upon arrival in the country of destination, the child will retain good access to social and family networks already in place (as would happen in a moving-back scenario); and • broadly speaking, the move reasonably appears to be the best solution to current challenging issues that cannot be resolved if the child was to remain in the country of origin. Furthermore, any application to relocate abroad will be viewed by the Italian court much more favourably if it is justified for serious and rational reasons, such as the need for access to special medical care una - vailable in the country of origin, or the need to follow promising career opportunities. On the other hand, applications to move on a whim will not be approved, unless every possible opposition to such a move can be convincingly challenged. 2.3.7 Grounds for Opposition to Relocation An application to relocate can be opposed if it goes against the best interests of the child. While, as already stated, all cases are different, typical reasons on which an opposition to a move abroad can be based include the following: • the living conditions in the country of destination will be dangerous due to political instability or
widespread social or economic problems, or the legal system in the country of destination does not guarantee the protection of the rights of the child or the parent back in the country of origin; • the child is likely to face serious problems adapting to their new environment – eg, they cannot under - stand or speak the language of the country of des - tination, or the new school system is very different to the previous system; • the move will prevent the child from maintaining a meaningful relationship with the parent left behind or will loosen or even sever ties with their habitual social and familial environment; • the emotional and financial costs of the child relo - cating will be difficult for the parent left behind; or • the move abroad will disrupt the habits and life of the child to such a degree that the reasons for opposing a move outnumber those in favour of relocating. 2.3.8 Costs of an Application for Relocation The cost of applying to relocate includes legal fees and, possibly, the cost of hiring experts if the court wishes to appoint an expert adviser ( consulente tec- nico di ufficio ), and fees are very difficult to assess in advance as they can be freely agreed between the cli - ent and the attorney. However, while actual expenses can vary from between a few thousand euros in very simple cases and several tens of thousands of euros or more, the client can request an estimate of costs that might be incurred ( preventivo ). A major factor affecting the cost of an application to relocate may be referred to as “procedural independ - ence”, meaning that, if, on the one hand, an applica - tion to relocate is made within the context of already pending proceedings for legal separation, divorce or custody, the related costs will be diluted within the costs of the main judgment. The related costs can be minimal if the family situation has already been thoroughly evaluated. If, on the on the other hand, the same application is submitted to the court autono - mously (ie, by starting proceedings directed only on obtaining an authorisation to relocate), its costs could be equal to or even exceed the costs of a “full” legal separation, divorce or custody judgment.
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