What Does Non-Consensual Change of Residence Mean?

Discovering that the other parent has moved your child's residence without your consent is a destabilizing experience, generating anxiety and concern. It is a unilateral decision that not only violates your parental rights but, above all, affects the child's psychophysical stability, uprooting them from their environment, friendships, and daily routine. Italian law is very clear on this point: decisions of major importance for the lives of children must be made by mutual agreement. As a divorce lawyer in Milan, Avv. Marco Bianucci understands the delicacy of these situations and the urgency to act to protect the child's well-being and your rights.

Italian Regulations on Minor's Residence

The cornerstone principle governing decisions about children of separated couples is shared parental responsibility, enshrined in Article 337-ter of the Civil Code. This means that, regardless of custody or placement, choices of major interest for the children, such as those related to education, health, and, indeed, change of residence, must be agreed upon by both parents. A relocation involving a significant distance from the previous home is undoubtedly one of these decisions. Acting unilaterally constitutes behavior contrary to parental duties and can be considered detrimental to the minor.

Established jurisprudence tends to sanction such conduct, as it infringes upon the child's right to maintain a continuous and balanced relationship with both sides of the parental family. Therefore, the parent who suffers this decision has specific legal tools available to oppose it and request the Court to intervene to restore the previous situation and sanction the unlawful behavior. However, it is crucial to act promptly to prevent time from solidifying a de facto situation that could become more difficult to change.

The Bianucci Law Firm's Approach

Faced with an unauthorized relocation, strategy is crucial. The approach of Avv. Marco Bianucci, a divorce lawyer with consolidated experience in Milan, is oriented towards speed and effectiveness, always placing the child's supreme interest at the center. The first step, where possible, is to send a formal notice to the other parent, demanding the immediate restoration of the child's original residence. This formal act serves to demonstrate your firm opposition and to constitute proof of an attempt at an amicable resolution, useful in judicial proceedings.

If the notice is ineffective, we proceed without delay with an urgent application to the competent Court. The most effective legal instrument in these cases is the application pursuant to Article 709-ter of the Code of Civil Procedure. With this action, the judge is asked to adopt the most appropriate measures to resolve the conflict, ordering the child's return to the previous residence and evaluating sanctions against the defaulting parent. The firm's strategy is aimed at unequivocally demonstrating the prejudice that the relocation is causing the child, a decisive element for obtaining a favorable ruling.

Frequently Asked Questions

What can I do immediately if the other parent has moved my child?

The first recommended action is to send, through a lawyer, a formal notice letter requesting the child's immediate return. It is essential not to waste time and to contact a family law expert lawyer immediately to evaluate initiating an urgent application to the Court. Avoid personal initiatives that could worsen the situation and document every relevant communication and circumstance.

How much time do I have to take legal action?

There is no strict legal deadline, but it is essential to act with the utmost speed. The more time passes, the more the child gets used to the new situation, and a judge might be more reluctant to order a new move to avoid causing further instability to the child. Acting promptly demonstrates your determination and your commitment to protecting your child's well-being.

Does the parent who moves the child without consent risk anything?

Yes, the Court can adopt various sanctioning measures. In addition to ordering the restoration of residence, the judge can reprimand the defaulting parent, order compensation for damages to the child or the other parent, and fine them. In more serious cases, this conduct can even lead to a review of custody and placement arrangements.

Can I stop paying child support as retaliation?

Absolutely not. Suspending or unilaterally reducing child support payments is an offense that can have serious consequences, including a criminal complaint for violation of family assistance obligations. Issues relating to maintenance and those concerning the child's residence must be handled separately and through the appropriate legal channels. Any modification to the support payments must be authorized by a court order.

Request a Case Evaluation in Milan

An unauthorized change of a child's residence is a serious violation that requires a timely and strategic legal response. Facing this situation without competent guidance can irreparably compromise your rights and, above all, your child's serenity. It is essential to rely on a professional who knows how to act with urgency and effectiveness in the legal context.

To analyze your situation and define the most appropriate steps for the child's protection, contact the Bianucci Law Firm. The approach of Avv. Marco Bianucci, as a divorce lawyer in Milan, is aimed at providing clear and decisive legal assistance. The firm's office is located at via Alberto da Giussano, 26 in Milan.