Child Abduction: Analysis of Judgment Cass. civ., Section I, Order no. 36150 of 2022
Judgment no. 36150 of the Court of Cassation, issued on December 12, 2022, provides an important interpretation of the rules concerning international child abduction. The case in question involves A.A. and B.B., parents of a minor, C.C., who was brought to Italy by her mother without the father's consent. The Court declared the appeal filed by the mother inadmissible, clarifying the prerequisites for the child's return to the country of habitual residence.
Facts of the Case and Court Decisions
In September 2020, the mother transferred her daughter to Italy, claiming to have been a victim of violence by her husband. However, the Juvenile Court of Lecce ordered the minor's return to Belgium, finding that the mother had not provided sufficient evidence to support her accusations. The Court emphasized that the parents had established their family residence in Belgium and that the father regularly exercised custody of the child.
Judicial authorities must ensure that the best interests of the child are always at the center of decisions concerning their custody and residence.
Relevant Legal Principles
The Court referred to Article 12 of the Hague Convention of 1980, which establishes that in cases of abduction, the child must be returned immediately, unless it is proven that their return would pose risks to their psychophysical health. The decision of the lower court was based on an accurate analysis of the evidence and circumstances, confirming that:
- The minor's habitual residence was in Belgium.
- The father effectively exercised custody rights.
- The mother's accusations of violence were not supported by concrete evidence.
Final Reflections
This judgment represents an important affirmation of the protection of children's rights in contexts of family conflict. The Court of Cassation reiterated that, in the absence of concrete evidence justifying the abduction, it is essential to respect the decisions of the competent foreign courts. The protection of the child must always prevail, and judicial authorities are called upon to ensure that every decision takes into account their best interests.
