The relocation of children's residence

The decision to relocate one's residence, and consequently that of minor children, represents a delicate and complex moment in the lives of two separated or no longer cohabiting parents. Often, this choice arises from new job opportunities, the desire to move closer to one's family of origin, or the search for a better living environment for oneself and one's children. However, when parental responsibility is shared, such an important step cannot be taken unilaterally. Understanding the correct procedure, and the rights and duties of each parent, is fundamental to acting in compliance with the law and, above all, to protecting the child's well-being. As an expert family law attorney in Milan, Avv. Marco Bianucci assists parents in facing these situations, ensuring that every decision is well-considered and legally impeccable.

The Regulatory Context: When is Consent Necessary?

Italian law, particularly Article 337-ter of the Civil Code, establishes the principle of shared parental responsibility. This means that decisions of major interest for the children, such as those relating to education, upbringing, health, and the choice of habitual residence, must be made by mutual agreement between both parents. The relocation of the minor's residence falls fully within this category, as it profoundly affects their daily life, habits, school and social circles, and the relationship with the non-custodial parent. Therefore, the consent of the other parent is an essential requirement, regardless of the custody arrangement, whether it is shared or exclusive.

In case of disagreement, the parent intending to relocate cannot act independently. Proceeding without authorization would constitute an unlawful act that could have serious repercussions, both civilly and, in some cases, criminally. The only viable path is to turn to the competent Court. It will be the judge, after hearing both parents and, if appropriate, also the minor who has reached the age of twelve, who will decide. The judge's evaluation will always be guided by the supreme interest of the minor, analyzing whether the proposed relocation represents an actual improvement in their living conditions or if, on the contrary, it could cause them harm.

The Bianucci Law Firm's Approach

Addressing such a sensitive issue requires not only legal expertise but also a strategic vision and an empathetic approach. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a thorough and personalized analysis of each individual case. The first step is always to explore the possibility of a consensual agreement. Well-conducted mediation can often resolve the conflict, allowing parents to find a shared solution that meets everyone's needs and preserves the child's serenity.

Should the disagreement persist and it becomes necessary to resort to the Court, the Bianucci Law Firm is responsible for building a solid argument in support of the request or opposition to the relocation. All necessary elements to demonstrate the validity of one's position are gathered and presented to the judge: the stability of the new job opportunity, the quality of the chosen school, the presence of a family support network in the new city, and any other factor that can prove how the relocation is advantageous for the minor. The goal is to provide the judge with a complete and transparent picture to enable them to make the right decision for the child's future.

Frequently Asked Questions

What happens if I change my child's residence without the other parent's consent?

Relocating a child's residence without the other parent's consent or the judge's authorization is an illegitimate act. The consequences can be very serious: the opposing parent can ask the Court for an urgent order for the child's return. Such behavior can also be evaluated negatively in the context of a review of custody conditions and, in more serious cases, may constitute the crime of abduction of a minor, as provided for by Article 574 of the Criminal Code.

What are valid reasons for a judge to authorize relocation?

The judge authorizes relocation only if they believe it serves the minor's paramount interest. Valid reasons considered include, for example, a significantly improved job offer for the requesting parent, which translates into greater economic and stability opportunities for the child; the possibility of providing the minor with better education or specialized medical care not available in their current place of residence; reunification with a strong family support network (such as grandparents) that can contribute positively to the child's upbringing.

How long does it take to obtain authorization from the court?

The timelines for a Court decision are not standard and can vary based on the judicial office's workload and the complexity of the case. Generally, such a proceeding can take several months. It is important to initiate the procedure well in advance of the planned relocation date. In situations of proven urgency, it is possible to request provisional measures, but their granting is not automatic and depends on the judge's assessment.

Can the other parent object to the relocation even if I have sole custody?

Yes, even in cases of sole custody, the custodial parent cannot unilaterally decide on the child's change of residence. As specified by case law, this is a decision of extraordinary administration that requires the consent of both parents. The non-custodial parent retains the right and duty to supervise the child's upbringing and education and can therefore object to the relocation, bringing the matter to the judge's attention, who will always and only decide in the child's best interest.

Request an Evaluation of Your Case

Issues concerning the relocation of a minor child's residence are complex and laden with emotional and legal implications. Making hasty decisions or decisions without adequate consultation can compromise your rights and, above all, your child's well-being. If you are considering a relocation or find yourself having to manage the other parent's opposition, it is essential to seek professional help. Avv. Marco Bianucci, with consolidated experience as a divorce and family lawyer, offers legal advice and assistance at his office in Milan, at Via Alberto da Giussano 26. Contact the firm for a careful and strategic evaluation of your case.