Access Rights

[CJ242]

My friend has a five year old son to an Italian mother. The child was born in Italy and after they broke up, she kept him there. He really wants to be a part of his son's life but she is refusing to let him have any access. Does anyone know what rights he may have and what channels to go through to get them?

[Buenchico]

All EU countries (except Denmark) recognise the decisions of courts in other EU states with regard to matters pertaining to parental responsibility. However, where more than one country is involved, it is the courts in the country which is the child's 'habitual place of residence' which have jurisdiction. That means that your friend needs to seek a court order in Italy.

Italian law is summarised here:
http://ec.europa.eu/c...ental_resp_ita_en.htm

There are Italian solicitors based in the Uk who may be able to assist. This might be a good starting point:
http://www.contactlaw.co.uk/italy.html
Alternatively, google for ''avoccato London", "avvocato UK", "avocato Londra", etc.

Chris

[tonywiltshire]

As Chris says your friend needs to start with a experienced Italian lawyer .