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

(Rome, July 19, 2022) – 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” Rome, 19 July 2022 – Act No. 54 of 2006 requires parents, even if the relationship ends, to take care of the offspring in accordance with the principle of co-parenting and in accordance with the rules on shared 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. Yet in Italy, around 250 children have been illegally stolen. Many are being brought across borders. Precisely with the closure of schools, stresses lawyer Valentina Ruggiero, the risk of forced abduction of one of the two former partners for children of separated parents increases. Parents with shared custody must always inform the former partner of the desire to go abroad with their children, but the family law expert reminds that if the minor has a personal document, the parent can still travel without problems. For this reason, should the other perceive a danger in this sense, he may request that the judge intervene. Statistics show that about 60% of minors are taken outside the borders with an excuse for a holiday. Unfortunately, less than 5% return to Italy. According to Avvocato Ruggiero’s experience, the abduction of minors mainly concerns parents who have entered into mixed marriages and who are 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 individual and the child with the necessary procedures. It is necessary to pay more attention especially during the summer period, if, for example, the adult reports that he wishes to visit his relatives abroad “. The cases of international child abduction are all very complex. When a parent takes his child out of Italian territory, it is difficult to bring him back because there are no bodies intervening immediately. In the case of an enforceable judgment in Italy, in order to have it enforced abroad, it is e.g. it is necessary that enforceability is also addressed in the country concerned with a number of both time and procedural delays. Precisely these legal obstacles do not allow the other parent to see the offspring for a long time. For years, it has been asked to set up a decision-making body forcing 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 – stresses lawyer 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. “At present, in Italy, there is only Article 574 bis of the Penal Code, which deals with the abduction of minors. In many foreign countries, even taking offspring from a spouse without permission is recognized as a crime, so it can not be done. ” However, we are still far from executing the sentences and quick returns.The most worrying thing is that all this can harm minors in reversible ». 73% of abducted minors suffer from depression. 45.2% develop relational problems. 41% do not want to have children and in the most serious cases a “planning” inability is reported. At the moment, once the minor has been identified, he is left where he was brought by one of the parents, and from there a very long trial begins, until the minor comes of age and can take a stand independently. ‘Immediate reform is needed in this sector, just as there is an urgent need to establish a body that is decision-making and not mediation. The embassies help, but unfortunately they only have media powers’. Concludes lawyer Ruggiero. For more information: http://www.avvocatovalentinaruggiero.it

Leave a Comment