Child abduction: more children “disappear” during the summer holidays

When a child is taken abroad, it is difficult to bring it back. The process is very long and there are no organs that are in direct contact with the parent. 73% of these minors suffer from depression, 45.2% develop relationship problems. Ruggiero: “With the closure of schools, the risk of child abduction may increase” …

There Act No. 54 of 2006 requires that parents, even if the relationship ends, take care of the offspring, in accordance with the principle of bi-parents and in accordance with the rules regardingshared custody. After separation or divorce, each party has the right to spend time independently with their children. Therefore, the mother or father cannot prevent the former spouse from seeing them. But in Italy they are approx 250 children illegally stolen. Many are being brought across borders. Only with closure of schoolsemphasizesLawyer Valentina Ruggierofor children of separated parents risk of forced abduction by one of the two former partners.

Parents with shared custody must always inform the former partner of the willingness to go abroad with the offspring, but theexpert in family law remember that if the minor has a personal document, the parent can still leave without any problems. For this reason, should the other perceive a danger in this sense, he may requestthe judge’s intervention. Statistics say that about 60% some minors are brought out of their own borders with the excuse for a vacation. Less than 5% unfortunately returning to Italy.

The abduction of minors, according to the experience ofLawyer Ruggieromainly relates to parents who have entered into a contract mixed marriages and which is of different nationalities. “If one of the parents has previously expressed a desire to move out of the national area with the minor, it is necessary to block the passport of both the subject and the child with the necessary procedures. It is necessary to pay more attention especially in the summer period, if the adult e.g. reports that he wants to visit his relatives abroad“.

The cases of international child abduction are all very complex. When a parent takes their child out of Italian territory it is hard to get it back as there are no devices or bodies that intervene immediately. For example, in the case of an enforceable judgment in Italy, in order for it to be enforced by force abroad, it is necessary that also in that country consideration of enforceabilitywith a number of delays both time and procedure. Precisely these legal obstacles do not allow the other parent to see the offspring for a long time. For years he has wondered about it set up a decision-making body which forces the minor to return immediately.

The danger that the minor may be illegally transferred abroad is widespread among parents of different nationalities and religions. For Italian parents – emphasizesLawyer Ruggiero – there are many other problems, but the abduction, if anything, takes place in our country, and does not allow the other to stay and know the minor’s residence for days“.

Currently there are in Italy onlyArticle 574 bis of the Penal Code which deals with child abduction. The article talks about one crime between adults: children are just thatthe subject of the offense. In many foreign countries, even taking the descendants away from the spouse without permission it is not recognized as a crimeso you can not intervene.

Lawyers – explainsexpert in family law immediately intervenes with a criminal case and with on-site intervention through the local judicial authority. However, we are still far from executing the judgments and quick returns. What is most worrying is that all of this can harm minors irreversibly.

That 73% of abducted minors suffering from depression. That 45.2% develops relational problems. That 41% he does not want to have children and in the most serious cases there is a “lack of planning”. At the moment, once the child has been identified, it is left where it was brought by one of the parents, and from there a very long lawsuituntil the minor reaches the age of majority and can decide independently.

‘Immediate reform is needed in this sector, and there is an urgent need for a body to be set up, which is decision-making and not mediation. Embassies help, but unfortunately they only have media powers“. EndsRuggiero lawyer.


Leave a Comment