ITALY Trends and Developments Contributed by: Romualdo Richichi, Studio Zanetti Vitali
condition of this judgment is the lack of any need of rulings concerning the financial arrangements – a lack that, per se, should make the disclosure completely superfluous. Outlook While full evaluation of the impact of the three devel - opments possibly affecting judicial decisions on child relocation in the Italian legal system summar - ily described above will take some years, particularly with regard to the implementation of the Cartabia Reform, it can be concluded that, at least in “usual” situations where parental responsibility is shared, the three trends will make it much more difficult for one parent to force upon the other the decision to relo - cate abroad with a child, even if the party willing to move is already the main caregiver – and especially if the decision to move, despite being legitimate, is not grounded on reasons directly serving the child’s inter - est, but rather those of the parent wishing to move.
This means that, while the importance of seeking agreed solutions to relocation issues has become increasingly important, the position of the party who stands to be left behind has become much stronger. This same party can secure more favourable terms in exchange for agreeing to the relocation of a child with the other parent, and can thereby also negotiate the visiting rights and financial terms that they con - sider fair. Care must always be taken to ensure that consent for a child to move abroad cannot be “sold” or result in exemption from contributions to a child’s maintenance costs.
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