ITALY Law and Practice Contributed by: Romualdo Richichi, Studio Zanetti Vitali
Finally, even if an application is successful, it should be not taken for granted that the court will require the unsuccessful party to pay the costs (this tends only to be the case when a relocation is opposed on the grounds that it is not for serious enough reasons) – and, even in this case, it is very unlikely that the reimbursement will cover the entirety of the legal fees paid by successful party. 2.3.9 Time Taken by an Application for Relocation The time required to complete an application for relo - cation can vary from several weeks to a few months if the application is filed according to the simplified rules on the resolution of disagreements between par - ents, or if it is filed within the context of a “full” legal separation, a divorce or custody proceedings that are already pending. However, reaching a decision concerning relocation could require between many months and one or two years if the petition is filed in the form of an autono - mous legal separation, divorce or custody judgment, or in the form of a judgment aimed at modifying orders already in place between parents who have ceased living together officially. These timescales apply only to the first degree of the judgment. According to Article 473 bis 15 of the Italian Code of Civil Procedure, the court can authorise the move by issuing a provisional order, which, at least in theory, and exceptionally, can be granted very quickly – and even in the absence of the other party, if proof is pro - vided that any postponement would irreparably com - promise the best interests of the child. 2.3.10 Primary Caregivers Versus Left-Behind Parents Italian courts treat relocation cases without any preju - dice in favour of either party, but are very aware of the need to guarantee that children conserve meaningful contacts with either parent. 2.4 Relocation Within a Jurisdiction As stated in 1.1 Parental Responsibility , according to Italian law, all decisions concerning the place of dwell - ing and the relocation of a child fall within the scope of issues of major importance, and are therefore subject
to the same serious treatment regardless of whether a move is domestic or international. An internal relocation can, in fact, give rise to far more problems than an international one. For example, from a North Italian perspective, a “domestic” move to some remote location in southern Italy not within easy reach of an airport or a high-speed train station can have more radical consequences regarding con - tact between a child and the parent left behind than a move to a European capital city or, for example, Switzerland. It is important to note that any move within Italy that is carried out illegally can be subject to less effective remedies than an international abduction because the Hague Convention (see 3.2 Steps Taken to Return Abducted Children ) will not apply. Consequently, any measures aimed at protecting the rights of the parent left behind would simply be dealt with internally and handled much more slowly than judgments dealt with on the fast-track basis reserved for Hague Conven - tion return applications, in particular, and international cases in general. Taking a child out of the Italian jurisdiction without the relevant consent referred to in section 2. Relocation is illegal, and may constitute a criminal offence under Article 574bis of the Italian Penal Code. 3.2 Steps Taken to Return Abducted Children Italy is a signatory of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Consequently, if a child is abducted from Italy to another signatory country, it is possible to submit to the Italian Central Authority ( Dipartimento per la Giustizia minorile e di comunità del Ministero della Giustizia – Ufficio II – Autorità centrali convenzi - onali ) an application for the return of the child accord - ing to its provisions. Furthermore, provided that Italy is an EU member state, if the child is abducted to another EU country, the implementation of the provisions of the Hague 3. Child Abduction 3.1 Legality
61 CHAMBERS.COM
Powered by FlippingBook