Child Custody Disputes

Child Custody disputes are cases in which the parental authority over a child is disputed by the parents. It assumes international significance when the parents have different nationality and the child is taken to another country by one of them, without the other parent's consent. These cases are known as "international child abduction", while when the child, after a stay abroad, doesn't return to the country of habitual residence because held abroad, the case is called "child detention abroad".

There are special legal instruments, even coercive, to resolve these disputes.

Regulation (EC) No. 2201/2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, applies within European Union. However, the Hauge Convention of 25 October 1980 on the civil aspects of international child abduction applies worldwide.

It's important to remember that the diplomatic missions and consular offices can't give any legal assistance or economic support to th compatriot. as well as they can't act in violation of national or international law.

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners

Note: see also Hague Convention of 25 October 1980 on the civil aspects of international child abduction