Pursuant to Legislative Decree 71/2011, the Head of the Consulate General can act as Guardianship Judge for those Italian minors who live in the consular jurisdiction and are regularly registered on AIRE. The Consul General will have all the roles and powers to decide on safeguard and curatorship matters, assigned to the Guardianship Judge by the law.
The Consul General, acting as Guardianship Judge, can authorize the issue of a travel document (passport or identity card) for a minor, when the parents do not agree or one of the parents denies it or is untraceable. In this case, the interested parent can submit the relevant application, contacting the Passport Office (passaporti.edimburgo@esteri.it).
Furthermore, the Consul General, acting as Guardianship Judge, can authorize operations on minors’ assets that cannot be considered business as usual. The Consul General will consider the best profit for the minor. In this case, the parents or those with parental responsibilities can submit the relevant application, contacting the Notary Office (notarile.edimburgo@esteri.it).
The application forms can be used as a guide, and they can be modified in order to provide the relevant information, as necessary. The application can be submitted directly by the interested parties (there is no need to appoint an advocate or a solicitor) and it shall include all the relevant information and attachments.
- The Consul General will accept, reject or ask for further information or documents, considering exclusively what is best for the minors.
- The Guardianship Judge activity falls under the judicial proceedings and therefore it is not possible to provide information about processing times, which can be lengthy depending on the complexity of the application.
- Especially in case of authorisation for the issue of a travel document, the consular decree must be notified to all interested counterparties, and it may be necessary to wait ten days after notification, before being enforceable, due to possible objections lodged at the relevant court (ex art. 741, paragraph 1, c.p.c.). Only if relevant matters of urgency have been specified and proved in the application, the Consul General may declare that the decree shall be immediately enforceable (ex art. 741, paragraph 2, c.p.c.)
Application processing and the final consular decree are subject to the payment of the relevant consular fees (Art 31A e 31B – check HERE).