Child Abduction: A Trauma Requiring Justice and Reparation

The abduction of a child by the other parent represents one of the most devastating experiences a mother or father can face. Beyond the violation of norms governing custody and parental responsibility, this act generates profound emotional and psychological suffering that deserves to be recognized and compensated. As an expert lawyer in family law in Milan, Avv. Marco Bianucci fully understands that in these circumstances, time is a crucial factor and that legal protection must not be limited to the mere recovery of the child, but must extend to the full reparation of the damage suffered by the excluded parent. Dealing with an abduction, whether national or international, requires clarity and a strong legal strategy to restore legality and ensure the child's well-being.

The Regulatory Framework: From Crime to Damages Compensation

In our legal system, child abduction is not only a civil offense but also has criminal relevance under Articles 574 and 574 bis of the Italian Penal Code, especially when the child is taken or retained abroad. However, the aspect that is often not sufficiently emphasized is the right to compensation for non-pecuniary damages. Jurisprudence recognizes that the deprivation of the parental relationship, caused by the unlawful conduct of the other parent, infringes constitutionally guaranteed rights. This type of damage does not affect economic assets but impacts the psycho-physical sphere and the relational life of the victimized parent, constituting biological, moral, and existential damage. Obtaining compensation not only serves to compensate for a loss but also represents a form of sanction for the harmful conduct and a judicial recognition of the suffering unjustly endured.

Bianucci Law Firm's Strategy for Recovery and Compensation

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by its ability to act on a dual, parallel, and coordinated track. On one hand, urgent civil proceedings are immediately initiated, and if necessary, international central authorities are involved to secure the child's immediate return to their habitual residence. On the other hand, a solid argument is built for the claim of compensation for non-pecuniary damages. Bianucci Law Firm works to irrefutably document the prejudice suffered, utilizing technical consultations where necessary to quantify biological and existential damages. The goal is not only to win the case but to restore dignity to the injured parent and ensure that the court acknowledges the seriousness of the opposing party's conduct, an element that will also heavily influence the future regulation of custody.

Frequently Asked Questions

When exactly does child abduction occur?

Abduction occurs when a parent removes a child from the parent exercising parental responsibility, or retains them against the latter's will, preventing the exercise of parental functions. This can happen either by taking the child to a place other than their habitual residence without consent, or by refusing to return them home after an agreed-upon visit period.

Is it possible to claim compensation even if the child is returned?

Absolutely yes. Compensation for non-pecuniary damages is due for the suffering and distress caused during the period the parent was illegally separated from their child. The fact that the child was subsequently recovered does not erase the moral and existential damage suffered during the period of forced separation.

How is the amount of damages compensation calculated?

The quantification of damages is equitable and depends on various factors assessed by the judge. These include the duration of the abduction, the child's age, the methods by which the act occurred, and, above all, the intensity of the psycho-physical repercussions on the victimized parent. Accurate medical or psychological documentation is essential to support the claim for an adequate amount.

What happens if the abduction occurs abroad?

In cases of international child abduction, specific conventions such as the Hague Convention of 1980 apply. The procedure is more complex and requires prompt intervention with the competent Central Authorities. Even in this scenario, the action for the child's return can and must be accompanied by a claim for compensation for damages suffered due to the unlawful cross-border transfer.

Protect Your Rights and Your Child's Rights

If you are experiencing the nightmare of child abduction or fear it might happen, it is crucial to act without delay. Every passing day can make the child's recovery more complex and consolidate a detrimental de facto situation. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26. Together, we will evaluate the most effective strategy to bring your child home and obtain fair compensation for the pain inflicted upon you.