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According to Law 166/09, implementing the EC Regulation 444/09, minor children may not be entered on the passport of the parents (or guardian) and, consequently, to travel abroad in countries that do not belong to Schengen area, they have to use their own passport.
This legislation has resulted in a series of problems in case of disagreement between the parents as to the issuance of passport or expatriation consent for the child.
In view of the fact that, even in case of separation and / or divorce, both parents have the right and duty to raise and educate their children, each of the spouses have the right to object to the expatriation of his child and, eventually, to the issuance of his passport. In fact, art. 3 Law n. 21 November 1967, n. 1185, has literally stated that both parents must consent to the issuance of the child passport.
Therefore, in case of disagreement between the parents, it will be the judge to decide whether to issue or revoke the child.
This situation might be even more complex for those who live in a foreign country. In UAE, the parent contrary to child’s expatriation can impose a “travel ban” on the passport of the minor. This judicial procedure, as characterized by urgency connotations, does not even require the prior notice of the other parent.