Summer alarm for stolen children. “With closure of schools increases the risk of child abduction – explains the lawyer Valentina Ruggiero, family law expert -. When a child is taken abroad it’s hard to get it back. The process is very long. There are no bodies that are one direct contact with the parent“. 73% of these minors suffer from depression. 45.2% develop relational problems.
The cases of international child abduction are therefore the most common complex. Precisely because when a parent takes his child out of Italian territory, it is difficult to bring him back. As long as there are no devices or bodies that intervene immediately. This is the case with an executive judgment in Italy. The problem is to exercise it by force abroad. In fact, even in this country, enforceability needs to be considered. With a number of delays. Both time and procedure. “Precisely these legal obstacles do not allow the other parent see the offspring for a long time– emphasizes the lawyer Ruggiero – For years we have asked for the establishment of a decision-making body that forces the minor to return immediately ”. Child abduction primarily concerns parents who have entered into mixed marriages and who are of different nationalities.
“If one of the parents has previously expressed a willingness to move out of the national territory with the minor, it is necessary to intervene. With blocking of the passport for both the subject and the child. With necessary procedures– says lawyer Valentina Ruggiero-. It is necessary to pay more attention especially during daylight Saving Time. In the event that the adult, for example, announces that they want to visit their relatives abroad “. Act No. 54 of 2006 requires parents, even if the relationship ends, that care for the offspring. In accordance with the principle of bi-parents. And in accordance with rules on shared custody. After the separation or divorce, each party has the right to expel some time independently with children. Therefore, the mother or father cannot prevent the former spouse from seeing them. Yet in Italy there are about 250 in illegally abducted children. Many are being brought across borders. Precisely with the closure of schools for children of separated parents, the danger increases. That’s it risk of forced abduction by one of the two former partners.
Parents with shared custody must always inform the former partner the willingness to go abroad with the offspring. Here is the advice from the expert in family law. If the minor has a personal document, the parent can still walk. Without problems. For this if the other should perceives a danger in this sense, it may request the intervention of the judge. Statistics say that about 60% of minors are taken outside the borders just with the excuse of a vacation. Unfortunately, less than 5% return to Italy. ‘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 subtractionif anything, it happens in our country, in a different way. For example, not allowing the other to become e.g. know the minor’s residence for days “.
Insult between adults
Currently there are in Italy onlyArticle 574a in the Penal Code. Which deals with child abductions. The article talks about a crime between adults. Children are only the subject of the offense. In many foreign countries, even taking offspring from a spouse without permission is not recognized as a crime. For which you can not intervene. “The lawyer – explains the expert in family law – intervenes immediately with a criminal case. And with intervention on the spot. Throughlocal 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“.
Injuries to children
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 there is a “design” inability. At the moment, once the minor has been identified, he is left where he was taken by one of the parents. And from there one begins very long lawsuit. Until the minor reaches the age of majority and can decide independently. ‘One is needed immediate reform in this area. Just as it is intrusive that one organ that he is a decision maker and not a mediator. Embassies help. But unfortunately they only have that the power of the media“, Warns lawyer Ruggiero.
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