If a custodial parent desires to relocate outside Italy despite the other parent’s wishes, such a move could constitute parental kidnapping.
If a court order exists regarding shared custody (affidamento condiviso), the dissenting parent may be able to use the custody order to compel enforcement of parental kidnapping laws.
If a parent relocates to a Country that has signed the Hague Convention on the Civil Aspects of International Child Abduction, Italy, as a signatory to the convention, may be able to help bring about the child’s return to our s Country.
But what if a parent has “full custody” -a.k.a. affidamento esclusivo over the children- when the other parent dissents on the move abroad? The non-custodial parent will likely have court-ordered visitation rights, that’s clear: but is the move abroad of the Custodial Parent (affidamento esclusivo) still illegal?
The Italian Supreme Court (see http://www.iussit.com/separazione-affido-condiviso-figli-residenze-distanza-notevole) has many times asserted that -in case of affidamento esclusivo (sole custody)- moving abroad with the children is a legitimate decision which falls in the range of powers pertaining to the Custodial Parent.
However the non-custodial parent may still apply with the Hague Convention when his/her visitation rights are hindered, because of the distance or otherwise.
In conclusion, a return order cannot be issued against you if you are the (sole) custodial parent, but your ex can put you seriously in trouble for a good while.
As an aside, procedures have been established for passport issuance intended to prevent parental child kidnapping across international borders. Generally, both parents must sign the passport application for a child under the age of 16. However, if one spouse has a court order establishing sole custody, passport issuance may not require the other parent’s signature.
So, even if you are a parent with full custody rights you’d better consult with a family law attorney to discuss the specific rights and requirements of the court’s custody order. A good parenting plan approved by the Court may settle all these issues in advance, and collaborative law is probably the bast way to get at it.