Summary
Pursuant to Article 19 of Regulation (EC) No 2201/2003, in cases of lis pendens or related actions the court second seised shall decline jurisdiction in favour of the court that has been seised first of the same dispute or of a related dispute, but may take provisional measures in the best interest of the child who is in the territory of the State pursuant to Article 20 of said Regulation.
Based on Article 8 of Regulation (EC) No 2201/2003, the courts of the place of habitual residence of the child have jurisdiction with respect to decisions concerning the rights of custody and the modalities for visiting him/her, due to the proximity of the child to the courts that shall decide upon his/her life conditions. In a case of lis pendens Italian courts – although second court seised - can take provisional measures concerning the children resident in Italy.