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Lawful removal of the child - Italy

Please note that the original language version of this page Italian has been amended recently. The language version you are now viewing is currently being prepared by our translators.

1 Under what circumstances may a parent lawfully remove the child to another State without the other parent’s consent?

A parent may remove a child to another Member State without the other parent’s consent, or against the other parent’s wishes, when the removing parent has sole parental responsibility for the child or where a court measure allows such removal.

2 Under what circumstances is the other parent’s consent necessary for the child’s removal to another State?

When both parents have parental responsibility and have joint custody of the child, the consent of both parents is required for removal of the child to another Member State.

3 If the other parent does not consent to the child’s removal to another State, though it is necessary, how can the child be removed lawfully to another State?

If the other parent does not consent to the child’s removal, or opposes it, the parent wishing to remove the child must apply to the court for permission to do so.

4 Do the same rules apply to temporary removal (e.g. holiday, healthcare etc.) and permanent removal? If applicable, please provide relevant consent forms.

For the temporary transfer of the child abroad (for a variety of reasons such as a holiday period or to receive medical care), the rules are the same as for permanent removal if the parents are divorced, separated or no longer cohabiting, unless the parents have made arrangements to waive the need for joint authorisation for temporary moves. Where the parents are cohabiting or married, the consent of one parent alone is sufficient.

The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 25/02/2019