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Italy

1. International Family Mediation

Family mediation, in Italy, is legally recognised, commonly implemented and encouraged by the State. Mediation is governed, in general terms, by the Legislative Decree N 28 (2010) implementing Art. 60 of the Act N 69 (2009) on mediation for the purposes of conciliation in civil and commercial litigation.

In child custody proceedings the court may postpone delivering a judgment so that the spouses, with the help of experts, can attempt mediation to reach an agreement, especially as regards protecting the moral and material interests of the child.

You can find the list of family mediators provided by the Italian Association of Family Mediators (A.I.Me.F.) by typing your region or town under “Ricerca Avanzata” here (website in Italian).

International family mediation is encouraged by the administrative and legal authorities to resolve international family conflicts. To our knowledge, there is no structure specialised on international family mediation in Italy, but the Network of Cross-border Family Mediators has created a global database which identifies expert family mediators who specialise in cross-border family conflict.

1) Italy is a Party to the 1980 Hague Convention.

The 1980 Hague Convention: a multilateral treaty which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.

Contact the Central Authority established in Italy for cases of child abduction (operational languages: Italian, English, French and Spanish).

2) Italy is a Party to the 1996 Hague Convention.

The 1996 Hague Convention: a multilateral treaty which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access rights, as well as civil and public measures for the protection or care of children. 

Contact the Central Authority established in Italy designated under the 1980 Hague Convention for cases of dispute concerning cross-border parental responsibilities and rights of contact with children (operational languages: Italian, English, French and Spanish).

3) Italy is a Party to the Brussels IIA Regulation.

Brussels IIA Regulation: a legal instrument of the European Union to help resolve family disputes involving more than one country, over divorce, all parental responsibilities and, in particular, the custody of children. Brussels IIA is a regulation applicable to all European Union Member states (except Denmark). The Regulation prevails over the 1996 Hague Convention in cases where the child’s habitual residence is within a European Union Member state (except Denmark). Please be aware that if a decision on access and/or custody rights is taken by a court from the European Union, the regulation foresees that a State Party to the 1996 Hague Convention must recognise the court decision.

Contact the Central Authority established in Italy designated under the 1980 Hague Convention for cases of dispute concerning cross-border parental responsibilities and rights of contact with children (operational languages: Italian, English, French and Spanish).

You can determine whether all countries relevant to your case are Parties, or not, to the 1980 Hague Convention on International Child Abduction, the 1996 Hague Convention on Child Protection and/or Brussels IIA (except Denmark) in order to locate the appropriate central authority. As for the 1980 Hague Convention, you can check whether the Convention is in force between two specific States in the Spreadsheet showing acceptances of accessions to the Child Abduction Convention.

In cases of separation, custody of children or rulings regarding parental responsibility, defendants with insufficient means are entitled to legal aid. You can address to a Bar Association in your town (search for “Ordine degli Avvocati” along with the name of your town). Otherwise, you can contact the Juvenile Chamber in your municipality, a network of lawyers specialized in children’s rights and family law. You can search for “Camera Minorile” along with the name of your city. For more information on legal aid in Italy please read here in Italian, English or French.

The municipal Social Services are competent authorities to intervene in cases of need, in particular concerning people in vulnerable conditions. You can address to Social Services in your town (search for “Servizi Sociali” along with the name of your town) for an assessment of your situation and a possible intervention.

Defence for Children International Italy (DCI Italy) supports families involved in cross-border family disputes (in cases of separation, divorce or international child abduction) providing cross-border social services and referring to competent authorities. Furthermore, DCI Italy can intercede on behalf of a child and support families experiencing difficulties with migration and social unrest, namely in cases of family reunification. You can contact them directly here.

In Italy, there are orientation centres dedicated to prevent violence against women and help victims of domestic violence. You can contact some centres in Roma, Bologna, Milan, Naples, Bergamo, Florence, Turin, Venice and Genoa (websites in Italian).

4. Child Welfare Services

SOS Children's Villages in Italia offer Family Strengthening Programme to protect children who are at risk of losing the care of their family, which includes economic, social and psychological support to families. They work in Trento, Vicenza, Morosolo, Ostuni, Saronno, Rome and Mantova and you can contact them directly here (website in Italian).

The European Network of Ombudspersons for Children (ENOC) is a non-profit association of independent children’s rights institutions (click on Italy in the list of country-members).

5. Support to Bi-National Couples, Cross-Cultural and Migrant Families

The Dublin Unit operates within the Central Directorate of Civil Services for Immigration and Asylum in the Department for Civil Liberties and Immigration of the Ministry of the Interior and receives applications of asylum seekers under the Dublin III system. In order to contact them, please search for “Unità Dublino” in the contact list here (website in Italian).

Programma Integra is an integrated social cooperative providing migrants, refugees and asylum seekers with social and legal counselling, job orientation, Italian language courses, intercultural mediation initiatives, and social mediation services in the field of housing. The cooperative is based in Roma and you can contact it directly here (website in Italian).

Associazione Centro Astalli – Jesuit Refugee Service/Italia is an association providing refugees and migrants with humanitarian, legal, psychological, financial, employment, accommodation and integration support. It has centres at Palermo, Catania, Vicenza, Trento, Naples, Padua and Milan. You can contact their central office in Roma directly here (website in Italian).

The Italian Refugee Council (CIR) provides social and legal assistance for asylum seekers and refugees. CIR has offices in Malpensa, Gorizia, Venice, Verona, Ancona, Caserta, Naples, Lecce, Brindisi, Badolato, Palermo and Catania. You can contact them directly here (website in Italian).

Advocates Abroad is a non-profit organization providing remote legal and psychological aid to refugees and asylum seekers and having legal and medical field teams in Italy. You can visit its Facebook page or contact them directly at cases(at)advocatesabroad.org.

The Cooperative "K-Pax" promotes the integration of migrants, asylum seekers and refugees to Italian society and provides social, legal and medical support to families with socio-economic difficulties. The cooperative is based in Breno and you can contact them directly here (website in Italian).

NAGA is an association that facilitates access to legal aid for refugees in securing asylum, in gaining residence permits, for family reunification, the right to work, regularisation for children and marriage. They also provide basic health services and psychological assistance. All its services are offered free of charge. The organisation is based in Milan and you can contact it directly here (website in Italian).

Caritas Italiana connects 218 diocesan Caritas around Italia supporting the most vulnerable people. Caritas Italiana provides assistance in areas including, civil service, financial help, immigration, mental health and accommodation. To contact them, you can choose your region and then click on the Caritas in your town in a list here on the right (website in Italian).

Some of the hyperlinks you will find in the texts of this section lead you to websites available only in the native language of the country chosen. Copy the URL-address and paste it in Google Translate, choose your language and click on “translate” to find the whole website available.