Giambrone & Partners leading the recovery of a minor in an international child abduction case

International parental child abduction is increasingly common and the vast majority of countries have appropriate procedures and protocols to govern the decisions relating to children of separated parents.

The family law team of Giambrone & Partners in Italy successfully intervened and assisted in an international child abduction case. The family composed of an American father and an Italian mother initially resided in the US. Following the acrimonious breakdown of the relationship the child of the marriage, a daughter, was unlawfully removed from the US without the permission of the court or the agreement of her father, by her mother and had been taken to Italy.

An immediate complaint was raised to the authorities both in the US and in Italy. Numerous orders were filed and issued by the US court requiring the mother to return immediately to the USA with her daughter. Fortunately, the mother complied with the demand and she took her daughter back to the US where her father met her at the airport. 

Alessandro Gravante, senior partner and Head of Litigation in Italy, was the lead lawyer in this matter, together with members of the team, Rossella Casamento, an associate in the criminal department,

Alessandro Gravante commented “it was an extremely good result as the mother returned with her daughter relatively quickly, just over a week after the abduction took place, minimising the distress and anxiety of the father and child”. Alessandro further commented “In cases of parental child abduction speed is of the essence if the child is to be found and returned. Parents must recognise that their wishes are secondary to the well-being of their child and the courts will always consider the best interests of the child above all else”

The issue of international child abduction is becoming more frequent in family dynamics, and it's imperative to seek expert legal advice immediately to have a good chance of being reunited with your child in such circumstances. Specialised legal professionals are often able to obtain the return of the child to their habitual residence as quickly as possible.

Alessandro Gravante has obtained the prestigious position of Avvocato Cassazionista which permits higher rights of audience before the Italian Supreme Courts and he regularly appears before all levels of civil and employment courts.

He has extensive expertise in Family Law, in particular in borders divorce and separation proceedings and International child abduction proceedings. He regularly provides his expert opinion to foreign Courts and Authorities on Italian Family Law and Child Placement abroad and he has been heard at the South Gauteng High Court in Johannesburg, South Africa, as an expert on Italian Family Law in complex cross-border divorce proceedings.

He has regular involvement in the expert determination of UK Courts on Italian civil and commercial law; among others, he assisted the High Court of Justice in London – Family Division, the Court of Cook County, the Kingston Upon Thames County Court, the Winchester County Court, the Nottingham County Court, The Birmingham County Court 

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