Documents for Minor Children: The Other Parent's Consent

The end of a marital relationship or cohabitation introduces complexities that often extend beyond the daily management of children, touching on practical aspects such as obtaining necessary travel documents. The need to apply for an identity card valid for expatriation or a passport for a minor child can become an obstacle when relations between parents are strained. Understanding the procedure, the rights and duties of each parent is the first step to acting in the sole interest of the minor. As a divorce lawyer in Milan, lawyer Marco Bianucci addresses these situations with an approach aimed at unblocking the impasse and protecting the child's freedom of movement, in compliance with current regulations.

The Regulatory Framework: The Rule of Parental Consent

Italian law, for the protection of the minor, establishes a fundamental principle: for the issuance of a passport or an identity card valid for expatriation to a minor child, the consent of both parents is required, regardless of the type of bond that united them (marriage or cohabitation) and the custody arrangement. This rule is based on the concept of shared parental responsibility, which continues even after separation or divorce. The objective is to ensure that the decision to allow the minor to travel abroad is well-considered and shared, preventing possible international child abductions. Consent is manifested by the signature of both parents on the application form at the competent office (Questura or Municipality).

What to Do in Case of Unjustified Refusal of Consent

When a parent refuses consent without valid reasons, the law provides tools to overcome the opposition. One is not forced to submit to a veto that could prejudice important opportunities for the child, such as a study trip, a vacation, or visiting relatives abroad. The main course of action is to appeal to the Guardian Judge of the competent Court. The parent concerned can file an application, explaining the reasons for the trip and the unreasonableness of the other parent's refusal. The Judge, after attempting conciliation and assessing that the trip is not contrary to the minor's interest, can issue a nulla osta that effectively replaces the missing consent. This judicial authorization allows proceeding with the document application.

The Approach of the Bianucci Law Firm

Dealing with disagreements over children's documents requires clarity and legal expertise. The approach of lawyer Marco Bianucci, a divorce lawyer in Milan, focuses on strategically analyzing the situation to identify the quickest and most effective solution. First, the possibility of an out-of-court intervention is assessed to mediate with the other parent and their lawyer, highlighting the importance of the trip for the minor and the consequences of a baseless objection. If dialogue does not lead to a solution, the firm promptly prepares the appeal to the Guardian Judge, taking care to collect all necessary documentation to demonstrate the merit of the request and the child's best interest in obtaining the document. The goal is always to resolve the conflict while protecting the minor's well-being.

Frequently Asked Questions

Is consent also required for an identity card valid for expatriation?

Yes, the principle of dual consent applies to both passports and identity cards valid for expatriation for a minor. If the document is requested as not valid for expatriation, the presence of only one parent is sufficient. However, to travel within the European Union and other signatory countries, the version valid for expatriation is essential.

What happens if the parent who refuses consent cannot be found?

If a parent is effectively unreachable and their consent cannot be obtained, the applying parent can still turn to the Guardian Judge. In this case, they must provide proof of having attempted to contact the other parent without success. The Judge, after verifying the unavailability and the absence of prejudice to the minor, may issue the necessary nulla osta.

How long does it take to obtain authorization from the Guardian Judge?

The times can vary depending on the workload of the competent Court. Generally, once the appeal is filed, the Judge schedules a hearing relatively quickly, usually within a few weeks. If there are documented urgent reasons (e.g., an upcoming trip for health or study reasons), an expedited procedure can be requested.

Can I apply for a passport for my child if the other parent does not pay child support?

No, it is not possible to deny consent for document issuance as retaliation for non-payment of child support. These are two distinct legal matters. The refusal of a passport must be based on a concrete and current danger to the minor resulting from the trip. For the recovery of unpaid maintenance, there are specific legal actions to be taken.

Request a Case Evaluation

If you are encountering difficulties in obtaining a passport or identity card for your child due to the other parent's lack of consent, it is crucial to act with the support of a professional. Lawyer Marco Bianucci, with extensive experience as a divorce lawyer, offers legal advice and assistance to file an appeal with the Guardian Judge and resolve the situation. Contact the Bianucci Law Firm located in Milan, at via Alberto da Giussano 26, for a clear and strategic evaluation of your case and to protect your child's rights.