By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Elena Giannattasio and her firm handle a wide range of multi-jurisdictional divorce and international family law matters involving Italy. These include cases of child abduction from and to Italy, cross-border prenuptial and postnuptial agreements involving Italian citizens or residents, and divorces between spouses who live or have previously lived in Italy.
In all cases involving Italian law, the firm collaborates closely with experienced local counsel in Italy to ensure that proceedings and strategies comply with both Italian and international legal frameworks.
Elena Giannattasio has counseled several clients as an expert in international family law, including matters involving international child abduction under the Hague Convention and cross-border custody disputes related to Italy.
Italy and the Hague Convention on International Child Abduction
Italy ratified and implemented the Hague Convention on the Civil Aspects of International Child Abduction (the “Convention”) on January 15, 1994, through Law No. 64, which came into effect on May 1, 1995.
Under Article 3 of Law No. 64, the Central Office for Juvenile Justice within the Ministry of Justice serves as Italy’s Central Authority, as provided by Article 6 of the Convention. In carrying out its duties, the Central Authority may seek assistance from the State Attorney’s Office (Avvocatura dello Stato), the Juvenile Services of the Justice Administration (Servizi Minorili), and other relevant public bodies or law enforcement agencies.
Procedures for Applications and Enforcement
Applications seeking the return of an abducted child or the enforcement of access rights may be filed through Italy’s Central Authority under Articles 8 and 21 of the Convention. Alternatively, an applicant may apply directly to the competent Italian judicial authority under Article 29.
After completing its preliminary review, the Central Authority forwards all relevant documentation to the Public Prosecutor attached to the Juvenile Court where the child is located. The Prosecutor then makes an urgent request for a court order to return the child or to secure access rights.
Hearings are scheduled promptly, and the Central Authority notifies the applicant, who may appear at their own expense. The court must issue a decision within 30 days of receiving the application. The decree is immediately enforceable, and an appeal to the Italian Supreme Court (Corte di Cassazione) does not suspend its enforcement.
If a parent or guardian refuses to comply with a return order, the Chief Public Prosecutor in the child’s region of residence may request assistance from the Minor Division of the police, typically with the support of social services, to enforce the order.
Recognition of Foreign Custody and Family Law Orders
Under Italy’s Private International Law, judgments issued by foreign courts regarding family relationships are recognized in Italy if they were made by a competent authority, respect the fundamental right of defense, and do not contravene Italian public policy.
This principle is crucial in cases involving multi-jurisdictional divorce, where foreign custody, divorce, or property division orders may need to be enforced or recognized within Italy.
Key Italian Supreme Court Decision
In 1997, the Italian Supreme Court (Corte di Cassazione) upheld a Juvenile Court decision ordering the immediate return of a child wrongfully removed from Australia to Italy by his father. The Court confirmed that the Convention aims to protect minors from the harmful effects of wrongful removal or retention, emphasizing the importance of restoring the status quo ante and discouraging any form of “legal kidnapping.”
The Court rejected arguments of unconstitutionality concerning Law No. 64, finding that the Convention aligns with Article 30 of the Italian Constitution, which recognizes parents’ duties toward their children. It further clarified that Italian authorities may refuse a child’s return only where there is a serious risk of physical or psychological harm or where the child would face an intolerable situation, consistent with Article 13(b) of the Convention.
The Court also confirmed that Hague Convention cases fall under the jurisdiction of the Juvenile Court where the child is found, ensuring local competence and rapid judicial action.
Expedited Procedures and Enforcement
Italy’s implementing legislation adheres strictly to Article 2 of the Hague Convention, mandating that proceedings be conducted through the most expeditious procedures available. Hearings are held in chambers, deadlines are short, and appeals are limited to a petition before the Court of Cassation, which does not suspend enforcement of the lower court’s order.
This framework allows Italy to respond promptly and effectively to cases of international child abduction, maintaining compliance with its international obligations and protecting the best interests of the child.
Facing an International Child Abduction Case Involving Italy or Another Country?
If you are dealing with an international child abduction case involving Italy or another cross-border jurisdiction, the stakes are at their highest. These cases demand swift action and a deep understanding of both international and U.S. custody laws.
Elena Giannattasio, a leading International Family Lawyer in New York, has extensive experience navigating the complexities of Hague Convention and non-Hague Convention child abduction matters. She provides strategic, compassionate, and decisive representation to protect your child’s well-being and your parental rights.
Strategic Considerations in Cross-Border Cases Involving Italy
When Italy is involved, international child-abduction and custody planning must be addressed early, with close attention to Hague Convention obligations, Italian civil-law procedure, and EU-derived enforcement principles.
Effective representation therefore requires early risk assessment, precise jurisdictional sequencing, and coordination with experienced Italian counsel to ensure that Hague remedies, domestic proceedings, and enforcement realities remain aligned. Once parallel proceedings are underway, strategic flexibility can be significantly reduced.
At Multi-Jurisdictional Divorce, PLLC, we advise parents to act before borders are crossed and before competing filings occur. If Italy is part of your family’s legal landscape, early, coordinated strategy can be decisive. Cross-border child disputes demand planning, foresight, and timely legal guidance to protect what matters most.