You Cannot Relocate Without Permission!
1. The Legal Framework: You Cannot Relocate Without Permission
Under Article 337-ter of the Italian Civil Code and relevant case law, parental responsibility is generally shared, regardless of whether the parents are married, divorced, or never married. This means both parents must agree on major decisions, including changes to the child’s habitual residence.
If one parent opposes the relocation:
The requesting parent must submit a formal motion to the court, asking for exclusive decision-making authority on the child’s residence.
The court will evaluate the request using a comprehensive and multidisciplinary lens, focused on the child’s psychological, relational, social, and educational welfare.
Relocating without the other parent’s consent or without a judge’s authorization can be treated as international child abduction, with serious consequences under The Hague Convention on the Civil Aspects of International Child Abduction (1980).
2. Bigenitorialità: The Right to Both Parents
Italian law is rooted in the principle of bigenitorialità—the child’s right to maintain an ongoing, balanced, and meaningful relationship with both parents. This principle underpins every custody and residence decision.
Relocation must not undermine that right.
What does this mean in practice?
If relocation significantly reduces the other parent’s ability to be involved in the child’s life (school meetings, medical care, daily parenting), the court may reject the request unless adequate compensatory measures are in place (e.g., extended vacation time, frequent video calls, travel stipends).
The parent requesting the move must demonstrate a clear commitment to preserving the bond between the child and the other parent—even at a distance.
3. The Psychological Impact of Relocation on Children
Relocation during or after a parental split is not just a legal issue—it’s a developmental and emotional turning point for the child. Italian courts often require or consider input from court-appointed psychologists or social services to evaluate:
The child’s attachment to each parent,
Their integration in the local environment (school, friends, community),
Their emotional resilience and personality type,
The presence or risk of alienation, anxiety, or loyalty conflicts.
Emotional upheaval from relocation may include:
Loss of familiar routines, friends, and extended family,
Cultural and linguistic disorientation,
Guilt over leaving one parent behind,
Fear of abandonment or rejection.
Yet, for some children—especially in hostile or high-conflict family dynamics—relocation may provide relief, stability, or access to a better support system.
4. Family Ties and Social Roots: A Key Factor for the Court
Italian courts evaluate whether the child is “radicato” (deeply rooted) in the current community. Elements considered include:
Duration and quality of school enrollment,
Friendships and extracurricular activities,
Connections to extended family (grandparents, cousins),
The presence of a stable, nurturing environment.
A child who is thriving socially and educationally in Italy may not benefit from abrupt displacement—even if the relocating parent offers a loving home elsewhere.
Conversely, if the parent requesting relocation can demonstrate:
Greater emotional, educational, or financial stability abroad,
The presence of a strong family support network,
And a thoughtful plan to maintain the child’s relationship with the other parent,
Then the court may view the relocation favorably.
5. The Voice of the Child: Listening to Their Wishes
Article 336-bis of the Italian Civil Code and the UN Convention on the Rights of the Child grant children the right to be heard in legal proceedings affecting them, if they are capable of forming their own views.
The court may listen to the child:
Directly, through a structured interview,
Indirectly, via a forensic psychologist or appointed guardian.
The child’s opinion is not binding, but highly relevant.
The older and more mature the child, the more likely the court will consider their preference as decisive—especially if it aligns with expert assessments and observable well-being.
6. Practical Considerations: What the Court Wants to See
If you plan to request international relocation, your petition should include:
A clear, detailed relocation plan: where, when, how, and why.
Evidence of economic security, housing, health care, and schooling abroad.
Proposals for preserving the child’s bond with the non-relocating parent (including financial support for visits).
Professional assessments, if available, regarding the child’s psychological adjustment.
You must show that you are not seeking to exclude the other parent, but rather acting in the child’s best interest with full respect for legal principles.
7. The Role of Mediation and Family Lawyers
Before going to court, many Italian tribunals now encourage family mediation—especially in cross-border cases. Mediation allows both parents to:
Voice their concerns,
Negotiate relocation terms,
Explore alternative parenting plans.
However, because relocation cases involve international implications, you should work with a family law attorney with expertise in cross-border custody matters.
Conclusion: Relocation Is Possible—But Never Simple
Relocating abroad with your children during a divorce in Italy is legally possible, but it requires serious planning, judicial approval, and a child-focused approach.
Italian courts are protective of children’s emotional bonds, especially when those bonds involve both parents, extended family, and social networks. If relocation is likely to fracture those ties, the court may deny your request—regardless of personal reasons or career opportunities.
But if you can demonstrate that the move is well thought out, emotionally stable, logistically sound, and that it prioritizes the child’s holistic development, relocation may be authorized.
