This is a past event
"Italian Practice on the Return of Abducted Children"
Professor Constanza Honorati from the Milano-Bicocca University will speak as part of the Law School's research seminar series 2013-14 on "Italian Practice on the Return of Abducted Children".
The present lecture aims to give an overview of Italian case-law on the return of abducted children. The majority of the reported Italian decisions concern cases where the children are abducted to Italy. Few cases can be found in Italy concerning children habitually resident in Italy who have been abducted abroad. The talk will focus mainly on the application of the 1980 Hague Child Abduction Convention, little room being given for the application of Article 11 of the EU Brussels IIa Reg.
Following a brief overview of the rationale and scope of return proceedings, the interpretation of the traditional grounds for refusing the return (the non-exercise of custody rights, consent and acquiescence, and a grave risk of harm or an intolerable situation) will be examined. Special attention will then be given to the praxis on the hearing of the child, now mandatory also under national law.
Finally, turning to the few cases related to children habitually resident in Italy, attention will be given to decisions where the foreign return order was challenged. Besides two famous cases (Kampanella and Povse) a very small number of decisions are to be found where the return was insisted upon on the basis of Article 11(8) of the Brussels IIa Reg. Just as many, in fact, decided to confirm the order of non-return of the foreign court.
- Speaker
- Professor Constanza Honorati
- Hosted by
- School of Law
- Venue
- New King's NK11