International Parental Child Abduction

English

Country Information

San Marino

San Marino
Italian Republic

Hague Convention Participation

Party to the Hague Abduction Convention?
Yes
U.S. Treaty Partner under the Hague Abduction Convention?
Yes

What You Can Do

Learn how to respond to abductions FROM the US
Learn how to respond to abductions TO the US

Embassies and Consulates

U.S. Consulate General Florence

Lungarno Amerigo Vespucci 38,
Florence, Italy
Telephone: +(39) 055-266-951
Emergency After-Hours Telephone: +(39) 055-266-951
Fax: +(39) 055-215-550
The Florence consular disctrict includes the regions of Tuscany, and Emilia-Romagna (all except the Provinces of Piacenza and Parma).

General Information

San Marino and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since January 1, 2008.

For information concerning travel to San Marino, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for San Marino.

The U.S. Department of State reports statistics and compliance information for individual countries in the Annual Report on International Parental Child Abduction (IPCA). The report is located here.

 

 

Hague Abduction Convention

The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention.  In this capacity, the Department's Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children's Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including San Marino.  Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.

Contact information:

United States Department of State
Bureau of Consular Affairs
CA/OCS/CI
SA-17, 9th Floor
Washington, DC 20522-1709
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Website
Email: AskCI@state.gov

The San Marino Central Authority (SMCA) for the Hague Abduction Convention is the Tribunale Unico (Single Court).  The Tribunale Unico checks Hague applications for completeness and forwards to the appropriate court.  The SMCA can be reached at:

Tribunale Unico (Single Court)
via 28 Luglio, 38
47893 BORGO MAGGIORE
San Marino
Telephone: +378 (0549) 888 888

To initiate a Hague case for return of, or access to, a child in San Marino, the USCA encourages a parent or legal guardian to review the eligibility criteria and instructions for completing the Hague application form located at the Department of State website and contact the Department of State for assistance prior to initiating the Hague process directly with the SMCA.  The USCA is available to answer questions about the Hague application process, to forward a completed application to the SMCA, and to monitor its subsequent progress through the foreign administrative and legal processes.
There are no fees for filing Hague applications with either the U.S. or the San Marino central authorities.  Private attorney fees, if necessary, are the responsibility of the applicant parent. Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.

 

Return

A parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, San Marino.  The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.

Visitation/Access

A parent or legal guardian may file an application under the Hague Abduction Convention for access to a child living in San Marino.  The criteria for acceptance of a Hague access application vary from country to country.  The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application.

Retaining an Attorney

In a Hague Abduction Convention case, the SMCA will assign a public prosecutor to present the case to the court, and it is not mandatory for a petitioner to retain a private attorney. The public prosecutor, however, does not represent the left-behind parent who submitted the Hague Abduction Convention application; the prosecutor represents San Marino and submits the request for return on behalf of the SMCA. The parent or legal guardian who has submitted the application may hire a private attorney in San Marino to join the prosecutor in presenting the Hague Abduction Convention case. A privately hired attorney should contact the SMCA as soon as possible after the SMCA receives the Hague Abduction Convention application.

The U.S. Consulate General in Florence posts a list of attorneys including those who specialize in family law.

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.

Mediation

The Office of Children's Issues is not aware of any government or private organizations in San Marino that offer mediation services in international parental child abduction cases. 

Exercising Custody Rights

While travelling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located.  For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent.  Attempts to remove your child to the United States may:

  • Endanger your child and others;
  • Prejudice any future judicial efforts; and
  • Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.

To understand the legal effect of a U.S. order in a foreign country, a parent should consult with a local attorney in the country in which the child is located.  

For information about hiring an attorney abroad, see our section on Retaining a Foreign Attorney. 

Although we cannot recommend an attorney to you, most U.S. Embassies have lists of attorneys available online. Please visit the local U.S. Embassy or Consulate website for a full listing.

For more information on consular assistance for U.S. citizens arrested abroad, please see our website.

Country officers are available to speak with you Monday - Friday, 8:00 a.m. - 5:00 p.m.  For assistance with an abduction in progress or any emergency situation that occurs after normal business hours, on weekends, or federal holidays, please call toll free at 1-888-407-4747. See all contact information.

DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed in the relevant jurisdiction. 

 

Last Updated: November 21, 2018

Assistance for U.S. Citizens

U.S. Consulate General Florence
Lungarno Amerigo Vespucci 38,
Florence, Italy
Telephone
+(39) 055-266-951
Emergency
+(39) 055-266-951
Fax
+(39) 055-215-550

San Marino Map