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Michele (“Mike”) Della Bella, a native of Rome, is a Law graduate of the Roman “La Sapienza” University, and a Founding Partner of MDB&P.

Mike was admitted to the Bar in 2005 and is a member of the Association of the Bar of the City of Rome.

He currently holds the following memberships:

• Family, Juvenile and Immigration Commission of the Association of the Bar of the City of Rome
• Italian Society of Administrative Lawyers (since 2003)
• CamMiNo – National Chamber of Family and Juvenile Lawyers

He has been working also in cooperation with the Polish Consulate in Rome as a legal advisor to those seeking legal counsel regarding Italian law.

Apart from his client work Mike finds the time to be involved in pro-bono projects, granting legal counseling and experienced representation to those who cannot afford a lawyer.

International Hague Abduction Cases

Mike is highly experienced in cases of International Child Abduction, having fought and won numerous cases which have all resulted in the children being repatriated to their State of habitual residence.

Since entering the legal profession, he has taken the lead on an extremely diverse assortment of legal projects and cases, including: Family and Juvenile Law, Divorce Law & Child custody cases, Bankruptcy and Taxation Law, Criminal law, Consumer Protection Law, Intellectual Property, Real Estate

Mike is a strong litigator with experience in Civil, Criminal and Administrative Courts all over Italy.

Mr. Della Bella, holds a professional insurance policy with Generali Assicurazioni S.p.A., n. 262292488 – C.F. DLLMHL65C01H501D, VAT 07377201004,

Outside of the office Mike’s background includes being a musician, songwriter and music producer in both national and international projects.

Contact Mike:

m.dellabella@studiodellabella.it

Emiliano Della Bella was born in Rome and is an Architecture graduate from the Roman University “La Sapienza”.

He is a member of the Roman Architect Association.

In 2010 he obtained his doctorate in Architectural Design SSD ICAR/17, from the Roman University “La Sapienza”.

In 2010, Mr. Della Bella was appointed head of the Descriptive Geometry course of study within the Roman University “La Sapienza”.

He is also an active member of the Fire Prevention Specialists’ special directory (held by the Ministry of the Interior).

He is involved with MDB&P for any particular case, in which there is a need for a technical evaluation in the field of architecture (i.e. damages on property), or Real Estate appraisals/assessment services),

Since 2011 he has also been a Civil Mediator.

Mrs. Jolanda Noli, a native of Rome, is a Law graduate from the Roman University “La Sapienza”, Class of 1994.

From 1993 to 1996 Mrs. Noli attended the Civil, Criminal and Administrative Law Proficiency Course of Study held by Cons. Dott. Rocco Galli.

In 1998 Mrs. Noli was admitted to the Bar and joined the Bar Association of the City of Rome.

From 2001 to 2002 she provided legal counseling in the area of debt recovery to the Liquidation Commissioners of SICILCASSA S.p.A. in l.c.a., stationed in Palermo.

Since 2006 she has provided legal counsel to various private companies in many fields such as contract negotiation and closing, due diligence, labour law counseling and more.

She has worked with Mr. Della Bella even before MDB&P was founded.

In 2009 she was appointed Honorary Vice Prosecutor in the Rovereto Court District where she dealt with many cases on town planning, environmental and work-safety misdemeanors.

She attended many Masterclasses over the years in Bankruptcy and Environmental Law.

Mrs. Noli is also a Civil Mediator.

At this time, aside from her professional career as a lawyer, she practices as Honorary Judge in the Turin Court, levy on real estate.

Her areas of practice also include Taxation law, specifically related to refuse taxation.

Throughout the years Mrs. Noli gained experience in Administrative Law, specifically in matters related to public and private water rights, procurement contracts and town planning.

Mrs. Noli has published, over the years, many articles on Environmental issues, and has taken part in various lectures on pollution and environmental issues.

Mrs. Noli, C.F. NLOJND67R41H501Y, P. IVA 10664450581, holds professional insurance.

j.noli@studiodellabella.it

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This website includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems.

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Mrs. D’Ambrosio is a Biology graduate from the Roman University “La Sapienza”, Class of 1988/89.

In 1992 she started to work in the biology labs of the Red Cross Organization.

Since 1999 member of the official consultans directory, held by the Civil Roman Court.

In 2002 she specializes in Medical Biochemistry – Roman University “Tor Vergata”.

Since 2004 Mrs. D’Ambrosio is a member of the official consultans directory, held by the Criminal Roman Court.

In 2009 she specializes in Medical Forensic Genetics – Roman University “Tor Vergata”.

Since 2009 Anna is a member of the Special Medical Forensic Genetics directory, held by the Civil Roman Court.

Since 2010 she cooperates with the Medical Genetics Center of S. Camillo Forlanini Hospital in Rome.

Mrs. D’Ambrosio is involved in all MDB&P cases that require her peculiar exprtise, specifically in the DNA field.

Mrs. D’Ambrosio contributes to several scientific magazines and has published, over the years, many scientific works.

Mrs. Guzman was born in Bogotà (Colombia), and she is a Spanish/Italian/Spanish Translator graduate from the Universidad Nacional de Colombia.

Consuelo is recognized as official translator by the Colombian Consulate in Rome since 19 years, and by the Peruan Consulate in Rome since 9.

Her clients are the most important Italian companies that have to deal with the spanish speaking world such as: ITALFERR S.p.A., TECNIC S.p.A., SPEA Ingegneria Europea S.p.A., AUTOSTRADE S.p.A., STIPE S.p.A., TECNIPETROL S.p.A., FENIT S.p.A., NUOVO PIGNONE S.p.A., SYSTRA – SOTECNI S.p.A., TECNIP ITALY S.p.A.

She is involved in all the spanish translations within MDB&P.

Mrs. Guzman has particular experience in the Italian legalization process of documents and legal papers that originate in the South American Countries (Hague Conv. 5.10.1961).

The procedure is ruled by The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as ratified by the Italian Parliament with the Law n. 64/1994.

The Central Authorities, one in every Country that signed the Convention, play a crucial role in making the procedure accessible to people.
The Italian Central Authority is located in Rome, and it is part of the Juvenile Justice Department – Ministry of Justice in Rome, Via Damiano Chiesa, n. 24 – tel. +39 06 68188326-328-331-535-419; fax +39 06 68807087 +39 06 68188600, email: autoritacentrali.dgm@giustizia.it

The Central Authority that receives the allegged issue of a child abduction, transmits it to the Central Authority which is competent by territory, taking into consideration the probable destination of the abducted child.

The competent Central Authority then, passes the file to the Juvenile Prosecutor’s Office by the Juvenile competent Court by territory.
The Prosecutor will start the proper case with his investigations, asking first the abductor to return the child and, should this fail, he will finally file tha case to Court according to ex art. 7, section 2, Law. n. 64/1994.

The President of the Juvenile Court will set the date of the hearing, giving this information also to the Central Autority.

The trial ends with a decision in the form of a Decree, having heard during the trial the abductor, the prosecutor and, sometimes, the minor himself.

The person that originally started the issue is informed of the trial and may appear in front of the Court at his own expenses, also being represented by a lawyer.

The Decree is immediately enforceable and only appealable in front of the Supreme Court, although the appeal does not suspend the enforceability of the order.

The main issues on which the Italian Supreme Court and the various territorial Courts have ruled over the years are three.

1. Which is the habitual residence of the child.

The Convention mandates return of any child who was “habitually resident” in a contracting nation immediately before an action that constitutes a breach of custody or access rights. The Convention does not define the term “habitual residence,” but it is not intended to be a technical term. Instead, courts should broadly read the term in the context of the Convention’s purpose to discourage unilateral removal of a child from that place in which the child lived when removed or retained, which should generally be understood as the child’s “ordinary residence.”

On this issue, please read: Cass. civ. Sez. I, Sentenza, 23-01-2013, n. 1527, Cass. civ. Sez. I, Sent. 16-06-2011, n. 13241; Cass. civ. Sez. I, Sent. 10-06-2011, n. 12740; Cass. civ. Sez. I, Sent. 21-03-2011, n. 6345; Cass. civ. Sez. I, Sent. 21-03-2011, n. 6319; Cass. civ. Sez. I, Sent. 07-01-2011, n. 277; Cass. civ. Sez. I, Sent. 12-01-2010, n. 252.

2. Interpretation of Article 13b: no return in case of “grave risks””

In certain exceptional cases under Article 13b, the court’s mandatory return obligation is changed to a discretionary obligation, specifically, “the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”
Evidence of this has to be provided by the abductor, and they need to comply to the degree required by the applicable standard of proof (generally determined by the lex fori, i.e. the law of the state where the Court is located).

On this issue: Cass. civ. Sez. VI, Ord., 05-10-2011, n. 20365; Cass. civ. Sez. I, Sent., 16-06-2011, n. 13241; Cass. civ. Sez. I, Sent., 23-01-2009, n. 1741; Cass. civ. Sez. I, 15-02-2008, n. 3798; Cass. civ. Sez. I, 31-10-2007, n. 22962.

3. Who, and when, decides whether child has opportunity to be heard ?

This is a very important issue, because, according to Article 13, section 2, “The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views”.

On this issue: Cass. civ. Sez. I, Sentenza, 23-01-2013, n. 1527, Cass. civ. Sez. I, Sent. 11-08-2011, n. 17201; Cass. civ. Sez. I, Sent., 16-06-2011, n. 13241; Cass. civ. Sez. Unite, Sent., 21-10-2009, n. 22238; Cass. civ. Sez. I, 27-05-2008, n. 13829; Cass. civ. Sez. I, 04-07-2003, n. 10577.

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