Case Study – Practical Example
An Italian mother in the Netherlands was granted substitute consent for a child’s passport application because her Canadian ex-partner was unreachable.
Read more about international family law.
Background – divorce with a foreign partner
Claudia, an Italian mother in the Netherlands, has a daughter, Luca, with her Canadian ex-partner Ryan. Although Claudia shares parental authority with Ryan, he has become unreachable, which caused problems when applying for a new passport for Luca.
Challenge – application for substitute consent with an unreachable parent
Claudia required consent from both parents to renew an Italian passport for Luca. Without Ryan’s consent, Claudia was forced to apply to the court for substitute consent. The Italian court could not provide for this, which made her situation extra complicated.
Solution – legal support for substitute consent
We assisted Claudia in filing a request for substitute consent with the Dutch court. This gave her the opportunity to apply for a passport for Luca without Ryan’s consent. During the hearing, we emphasized that the lack of contact with Ryan should not impede Luca’s rights.
Result – passport application and sole custody arranged
The court granted substitute consent, allowing Claudia to apply for an Italian passport for Luca. She could now travel without obstacles and had access to the documents Luca needed.
Key learnings
This case demonstrates how legal guidance is essential in international custody matters. Substitute consent and sole custody offer solutions for parents with an unreachable partner, allowing them to continue making important decisions for their children.
Do you have questions about international divorces or custody matters involving a foreign partner? Please contact our lawyers for expert guidance.
