Alessandro Gravante
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I am a bi-lingual (English and Italian), Italian qualified lawyer with twenty years’ experience. In 2015 I obtained Higher Rights of Audience before the Italian Supreme Courts. Since 2007 I became Head of the Litigation Team at Studio Legale Giambrone and I had the opportunity to improve my experience in representing foreign clients before most of the Italian Courts, mainly in Milan, Rome, Turin, Florence, Naples, Pisa. I became a Partner at Giambrone & Partners Studio Legale Associato in 2017 and now I am a Senior Partner.
Our offices are located in Milan, Rome, Naples, Salerno, Catania, Palermo and Sassari.
Relevant experiences and positions
Having qualified in 2002, I initially trained in advocacy and drafting legal opinions and notes of advice on a broad range of legal issues related to Italian law. Between 2002 and 2007, I developed my skills as a newly qualified lawyer and then associate lawyer; my main practice area was focused on commercial and family matters, legal research, drafting legal opinions for internal use and drafting notes of advice for German and English solicitors and foreign law firms on Italian Law.
I have also had involvement in expert determination in UK Courts. Among others, I assisted the High Court of Justice, the Kingston Upon Thames County Court, the Winchester County Court, the Nottingham County Court as Expert to provide opinions on Italian law. In March 2019 I appeared as an Expert Witness in the High Court of South Africa – Gauteng Local Division, Johannesburg, to provide an expert opinion on Italian Family law in a complex multimillionaire divorce matter involving 2 Italian citizens.
I assist local authorities in the UK to provide expert reports for use in care proceedings, particularly in cases where children are to be placed with relatives in Italy and also to obtain recognition of the orders in Italy. Among these, I assisted Tower Hamlets Council, Hertfordshire County Council, Kensington and Chelsea Council, Westminster City Council in providing family law advices regarding placing a British child in Italy.
I had also involvement in numerous child abduction proceedings and provided expert report and witness statements for English and US Courts.
A large proportion of my caseload involves high value, complex, cross-border matters with multiple parties involved residing in various jurisdictions.
Some personal questions
What is your opinion on the law / case law on child relocation in your country?
In my opinion, Italian case law is very prudent in addressing the grounds to approve child relocation and, sometimes, Judges are not still ready to approve child relocation, especially in another country, as cross-borders family matters are quite recent in Italy and, mainly in small Courts, Judges have not enough experience.
What should parents know before starting a court procedure about child relocation?
Before starting a court procedure about child relocation, I always inform clients that the Court will only look at the best interest of the child so it is important to be able to explain to the Court why the suggested relocation is convenient for the child.
When did you first handle a child abduction case?
In 2007 and it has been quite traumatic as the Juvenile Court took the decision to separate the 2 children of the couple, that were only 6 and 8, one in Italy with the father and the other in the UK with the mother.
Why is it interesting for you as a lawyer to work on these cases?
As I am a Partner in an International Law Firm and we also have offices in other European countries and close connections with US Law Firms, I had the opportunity to work on child abduction cases not only in Italy but also in different jurisdictions, cooperating with foreign lawyers.
Which child abduction case will you never forget?
Few weeks ago, we have been able to secure the return of a child from Italy to the US in just 2 weeks from lodging the application at the Italian Central Authority, working in close connection with the US attorney as there were at the same time custody proceedings pending at the New York Court, where I have been also involved.
Do you advice parents to file criminal charges in case of child abduction?
I advise clients to file a criminal charge only when I believe that it is strictly necessary. I am of the opinion that it is always advisable to try to find an amicable agreement, but filing a criminal charge makes it more difficult as in Italy it is not possible to withdraw the charge to close the file, as the Court could continue the proceedings by its own.
