ITALY Trends and Developments Contributed by: Romualdo Richichi, Studio Zanetti Vitali
Conclusion While it will take some years for a full evaluation of the impact of the three aforementioned developments possibly affecting judicial decisions on child relocation in the Italian legal system – 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 more difficult than in the past for one parent to force upon the other the decision to relocate 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 interest but rather on 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 consider fair. Care must always be taken that consent for a child to move abroad should not be “sold” or mean an exemption from contributions to a child’s mainte - nance costs.
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