The issue of international child abduction has gained increasing relevance in recent times, both due to the greater international mobility of families and the heightened awareness of the problem by the parent whose right to actively exercise parental responsibility has been violated.
The term “international child abduction” refers to the situation in which a child is unlawfully taken abroad by someone who does not have sole custody, without any authorisation, or is not returned to their country of habitual residence after a stay abroad. If the abduction has already occurred, the parent or, if different, the holder of custody rights may:
- consider filing a report with the competent judicial police authorities;
- contact the Central Authority at the Ministry of Justice (autoritacentrali.dgm@giustizia.it) if the Hague Convention of 25.10.1980 or EU Regulation No. 2201/2003 is in force between Italy or the United Kingdom and the presumed destination country of the child. If the conditions are met, through the Central Authority, it is possible to submit an application for the return of the child or an application for the regulation of the access rights.
- contact the Ministry of Foreign Affairs and International Cooperation (MAECI) (dgit.tutelaminori@esteri.it) if an Italian child has been abducted and taken abroad, and consular assistance is required there. The MAECI, if appropriate, may activate its diplomatic and consular authorities abroad for local actions (providing names of lawyers; mediation attempts; support for the Central Authority’s actions, etc.).
The abduction and retention of a child abroad constitutes a criminal offense under Article 574 bis of the Italian Penal Code, unless a more serious offense is identified (e.g., Article 605 of the Penal Code).
The MAECI and the Consulate cannot, under any circumstances:
- provide legal advice;
- represent you in court;
- act in violation of local laws or international norms;
- apply to the local judiciary to have a national order recognised or enforced.
In the United Kingdom, (like Italy) both the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, apply.
To apply for the return of your child under the 1980 Hague Convention:
- if you live in the UK, contact the UK Central Authority. This authority administers the Convention in the UK;
- if you live in Italy, contact the Italian Central Authority ;
Further and more detailed information can be found at:
https://www.esteri.it/it/servizi-consolari-e-visti/italiani-all-estero/minori-estero/
Ministero della giustizia | Sottrazione internazionale di minori e tutela dell’esercizio del diritto di visita