Immigration law
Article 31: Florence court lets parents and grandmother stay
A decision that puts the children first: for their wellbeing they needed both parents and their grandmother. Here is what the court looked at.
The Juvenile Court of Florence, applying Article 31(3) of Legislative Decree 286/1998, has authorised the parents of two children and their grandmother to remain in Italy. The decision is worth explaining because it shows how the rule works when the children are genuinely at the centre.
The case in brief
Two children were living permanently in Italy, attending school and in need of ongoing medical care. In our application we asked the court to authorise the parents and the grandmother, who looked after them every day, to stay in Italy with them.
We did not present the parents’ position alone, but the whole family unit caring for the children, grandmother included.
What the court weighed
The court found that the presence of both parents and the grandmother was essential to the children’s wellbeing, growth and emotional balance. It gave particular weight to:
- the children’s roots in Italy and their integration;
- their healthcare needs, which called for continuity and a family network on hand;
- their right to education, which a forced return would have broken off;
- the grandmother’s real role in their day-to-day care.
Why the grandmother matters
Article 31 refers to a “family member” of the child, not only to a parent. When another relative plays a stable, meaningful role in the child’s life, their presence can fall within the serious reasons connected with the child’s development. It has to be proven, though, with documents, witness evidence and often a social services report.
Lessons from the decision
Three practical points for anyone considering a similar application:
- Describe the family as it really is: who takes the children to school, who goes to the doctor with them, who looks after them while the parents work.
- Document health and schooling: certificates, reports, school records, treatment plans.
- Act early, before an expulsion order makes everything harder.
For the general rules, see the guide to Article 31 and staying with your child.
Every case is different and no outcome is guaranteed. But this decision confirms that judges take the protection of children and family ties seriously.
I handle these cases before the Florence Juvenile Court in English, Italian and Albanian. More on immigration law and family law, including in Florence and Prato.
Avv. Ada Alia
A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.
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