What to do now!!!
When a case of national or international abduction of a minor by one of the parents occurs, the first reaction is one of bewilderment and anguish.
How to bring home the child you never hear from again?
Understanding how to move in accordance with the Hague International Convention and national legislation is difficult, especially if the parents belong to two different worlds in terms of religion, culture, traditions and legal system.
To avoid making missteps that could jeopardize the outcome of the dispute, it is necessary to contact a law firm. If you find yourself in this situation or if you are afraid that the minor may be taken away, contact us immediately. Don’t wait it’s too late
Time is of the essence in getting your child home
What is international child abduction ?
Possible scenarios of the phenomenon
Child abduction indicates the act by which a parent takes the child away from the other without his consent, with the intention of hiding him and keeping him with him indefinitely in a foreign state, i.e. the country of origin.
The phenomenon of the abduction of minors usually arises when the marriage relationship or de facto cohabitation reaches a breaking point. In this reality, a battle for custody of the children can begin which in some cases culminates with the “kidnapping” of the minor and his transfer abroad by one of the two parents. In this case we speak of international child abduction.
In order to be able to obtain repatriation, the “abducted” parent, at the time of abduction, must demonstrate that:
had custody of the minor and exercised it fully, or in any case was already the holder of the right of custody or placement established by the Italian judicial authority or by the country of residence;
a year has not passed since the abduction took place (paying close attention to the fact that the parent responsible for the abduction, in a phase that often precedes the actual break-up of the family nucleus, transfers the child abroad, usually to his/her own country of origin , to pre-establish a situation favorable to the custody of the minor);
it is then necessary to act immediately in the abducting country, in order to avoid that a judicial decision is taken in clear contrast to the one rendered in the country of habitual residence of the minor.
The legal instruments: The Hague Convention
There are various legal instruments which allow the parent “victim” of abduction to find, or at least attempt, a solution to the illicit transfer of the child but the main one is the 1980 Hague Convention, which regulates the matter at an international level. The application of legal instruments is extremely complex and to this is added the fact that unfortunately they are not ratified by all states. There are also cultural, religious and linguistic differences which can hinder the resolution of the dispute and which often require the intermediation of specialized law firms present on site in the country to which the minor has been transferred. For these reasons, we advise against undertaking actions independently, which could waste precious time and be counterproductive. The path to be preferred is always that of legal advice from a specialized firm.