Case number and/or case name
ITF20131105 Tribunal of Roma, decree (BIIa, Maint Reg, Maint Prot)
Summary
Pursuant to Article 8 of Regulation (EC) No 2201/2003, Italian courts have jurisdiction on the custody of a minor habitually resident in Italy, regardless of the fact that the minor and his parents are third state nationals. Pursuant to Articles 1 and 2 of The Hague Convention of 5 October 1961, referred to by Article 42 of Law No 218/1995 and to be construed pursuant to The Hague Convention of 19 October 1996, Italian law governs an action for the custody of a minor habitually residing in Italy. Pursuant to Article 3 of Regulation (EU) No 4/2009 of 18 December 2009 on maintenance obligations, Italian courts have jurisdiction to hear a maintenance claim where the habitual residence of both the defendant and the claimant is in Italy. Pursuant to Article 4 of the Hague Protocol of 27 November 2007 on the law applicable to maintenance obligations, referred to by Article 15 of Regulation (EU) No 4/2009, Italian law governs a claim on maintenance where the maintenance creditor seized the Italian court, i.e. the court for the place where the defendant is habitually resident. The proceedings pursuant to Article 710 of the Code of Civil Procedure is appropriate to issue the decisions on the custody and maintenance of a minor not decided in a foreign divorce judgment, which is recognizable in Italy pursuant to Articles 64 et seq. of Law No 218/1995.