International Child Abduction — Successful Resolution

Our client's child had been taken abroad without consent by the other parent — an act constituting international child abduction under both Italian criminal law and the 1980 Hague Convention. We coordinated criminal and civil proceedings across two jurisdictions and secured the child's return.

The abduction

The child was removed from Italy by the other parent and taken to a foreign country without the knowledge or consent of our client, who held equal parental responsibility. The removal was sudden and left our client with no information about the child's location. Time was critical: the longer the child remained abroad, the more difficult the return would become under the Hague Convention's 'settled' exception.

Hague Convention and criminal proceedings

We activated dual proceedings simultaneously: a criminal complaint in Italy for international child abduction (Article 574-bis of the Italian Criminal Code) and a formal Hague Convention return application through the Italian Central Authority. The criminal complaint created immediate international pressure, while the Hague application established the formal legal framework for the child's return. We coordinated closely with counsel in the destination country.

International child abduction requires immediate action on both criminal and civil fronts. The Hague Convention return mechanism is powerful, but it is time-sensitive. Filing the return application in the first weeks — before the child becomes 'settled' in the new country — is decisive.

Outcome

The child was returned to Italy. The criminal proceedings in Italy were resolved through an agreement that protected the child's interests. Revised custody arrangements were established between the parents, with our client's parental rights fully restored. The case was resolved without the child suffering prolonged disruption to their life and relationships.