In this article I want to explain to you how we solved a very complicated case: our child abduction lawyer Italy managed to repatriate a child to her country of origin which was initially taken from her father.
The child’s father, now heartbroken and desperate, had not seen his child for a long time and decided to contact our law firm specializing in international child abduction to solve his problem.
Do you want to know how the case was solved? I’ll explain it to you in this article, step by step so you can understand what to do in case of international child abduction.
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The case of our client
Mrs. P., an Italian citizen, went to Belgium for a vacation and met Mr. R. D. C ..
The two, after the first period of acquaintance, had undertaken a cohabitation during which their daughter M. was born.
A few months after the birth of the child, Mrs. P. decides to go to Italy to introduce the child to her grandparents; and then the father bought the round trip tickets for Italy having to last only a week for the whole holiday.
When she arrived in Italy, the girl’s mother decided not to return to Belgium and to keep the child with her in Italy, inventing with the police that she in Belgium would be the victim of domestic violence at the hands of her former partner.
The father of the child (who found himself without his daughter overnight) decided to contact our law firm of Child Abduction Lawyer Italy in order to be able to see his little M. again and thus obtain the repatriation of the child.
How did we help the girl’s father to obtain repatriation?
In these cases, the first thing to do is the request for repatriation through the provisions of the Hague Convention for international child abduction.
Through this procedure it is possible to obtain:
1) the return of the child to his country of origin;
2) the right to visit.
If you want to learn more and better understand what is provided for in the Hague Convention, I suggest you click on this link: you will find more information on how to behave in the event of international child abduction.
In any case, you can contact us to obtain online legal advice on these delicate issues.
And so, applying what is the procedure provided for by the Hague Convention, which we have dealt with in countless cases, we immediately collected the data necessary to write and send the request to the Central Authority so that the searches of the child could be activated.
In fact, you should know that, once the Hague Convention is activated by means of a specific request, searches are immediately activated in the international field to find the child illegally stolen.
Once the procedure relating to the Hague Convention has been activated and the child is found on Italian territory, a hearing is set for the decision to repatriate.
This happened during our procedure where, once the child was found in Lecce, a hearing was set before the Juvenile Court in Italy.
What did the judge decide in our case?
As mentioned, once the procedure provided for by the Hague Convention for the repatriation of the child is activated and once the child is found on the national territory, a hearing is set before the Juvenile Court of the place where the child is found.
The hearing is used to determine whether there must be the repatriation of the child or not.
In our case, the father (assisted by our child abduction lawyer Italy) claimed that he had never lifted a finger against his partner and represented how unfair was the behavior of the woman who had brought and detained the child in Italy against his consent.
During the hearing – which lasted about 5 hours – the lawyer Ismaele BRANCACCIO of our law firm was able to demonstrate that:
- the father never lifted a finger at his former partner;
- he has never threatened her;
- the vacation in Italy was to last only a week;
- the girl resided permanently in Belgium;
- she went to school in Belgium;
- all her life and her interests had Belgium as a permanent place of residence;
- we produced the divorce decree obtained in Belgium where the judge of that country ruled that the child had to stay with her father.
Well, the Judge did not believe a single word of the mother who did not deposit even a shred of evidence with reference to what she reported.
And then the Court could only agree with us, accepting all our requests and arranging for the child’s immediate repatriation.
The Judge considered the behavior of the mother of little M. who decided to move to Italy without the consent of the father, depriving the man of being able to stay with his daughter: this behavior is not tolerable by law and for for this reason – in accordance with our requests – the Judge ordered the IMMEDIATE REPATRIATION OF THE CHILD in Belgium so the father was able to finally embrace his daughter thanks to the work of an expert and specialized child abduction lawyer Italy of our law firm.
Furthermore, you must know that in addition to the repatriation of the minor, the mother of little M. was also reported to the judicial authority for the crime of international child abduction.
If you want to know when the crime of international child abduction occurs, I invite you to see this link where you can find more detailed information.
In short, I can tell you that the behavior put in place by the child’s mother has integrated the crime envisaged and punished by art. 574 bis of Italian Criminal code.
In fact, according to the interpretation provided on this point by the Supreme Court of legitimacy, the parent who moves abroad is guilty of the crime of international child abduction preventing the other parent from exercising the right of access (see Court of Cassation , Criminal Section VI, Sentence No. 17679 of April 28, 2016).
More precisely, and recently, the Supreme Court affirmed that the crime of international child abduction is committed by a parent of foreign nationality who abducts and transfers their children abroad, in order to prevent the other parent from exercising the relative authority, attributed by law. Italian to both spouses, since art. 3 of the Hague Convention of 25 October 1980, enforced by law no. 64, according to which the transfer or non-return of a minor is considered unlawful when it occurs “in violation of the custody rights assigned to a person, institution or any other body, jointly or individually, according to the legislation of the State in which the minor he had his habitual residence immediately before his transfer or failure to return ».
In the present case, Mrs P. – who worked and lived in Belgium – had no justification for being able to stay in Italy by not allowing her father to exercise the parental authority recognized to him.
As mentioned, for this reason, she was also reported to the Judicial Authority for the aforementioned crime.
Click here if you want more information on what to do in case of an international child abduction report.
How can we help you if you contact our international law firm?
If you find yourself in the same condition as Mr. R.D.C., father of the abducted child, as you may have understood, we can help you.
How? I’ll explain it to you right away.
- First we can make the request for the repatriation of the child.
- Subsequently, the hearing for repatriation will be fixed.
- Thirdly, we will ask the Judge for the immediate repatriation of the child.
These are the three fundamental steps to be implemented in the case of international child abduction that the child abduction lawyer Italy suggests to obtain the immediate repatriation of the child.
Why contact an expert International Child Abduction lawyer?
As you may have understood, the one dealt with is a complex, delicate matter that requires particular and specific professional skills that not all lawyers possess.
It is therefore always advisable to rely on a competent Child Abduction lawyer Italy, expert in the matter, who knows the legal matter well, so that, right from the start, there is the maximum guarantee of the right of defense, arranging the most appropriate defensive strategy to the specific case.
Read our other articles on this topic:
- International child abduction in Italy: what the law provides
- HAGUE ABDUCTION CONVENTION AND MINOR PROTECTION ABROAD IN ITALY
- Lawyer for family law cases in Italy.
Get in touch immediately with one of our lawyers who will explain our method that often leads us to have great results with the same degree of satisfaction of our clients.
Why are our law firm’s clients satisfied? Why are so many customers so grateful to us?
The H24 Criminal Lawyer method
Our priority is to place the client at the center of our work, to take on their concerns and fears. Being subjected to an international child abduction case is a tragedy that involves the whole family.
Over the years we have well understood this circumstance and it is therefore essential to establish a relationship of trust with the client right from the start, which takes the form of:
- constant information on our professional activity carried out in your exclusive interest. You will be updated step by step of what we are doing and what will happen. We will explain things to you so that you can understand the difficult language of the law;
- maximum availability: our Law Firm is called H24 Criminal Lawyer because we are always operational 7 days a week 24 hours a day. We are always by your side and you can always count on us. Every day at any time of day or night.
- formulation of an immediate quote without future surprises. Each defensive choice will be agreed in advance with you, you will not have any nasty surprises and you will not have to incur unexpected costs. From the beginning you will know what costs you will have to bear.
Respect for these simple rules and our preparation has led us over the years to give our customers a lot of satisfaction.
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Rely on an Expert Child Abduction Lawyer Italy
International child abduction in Italy: what the law provides
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