Judgment No. 24173 of 2017: International Child Abduction and Joint Custody

The judgment of the Court of Cassation No. 24173 of October 13, 2017, dealt with a complex case of international child abduction, involving custody rights and joint custody. The decision highlighted the critical issues relating to the removal of the child from their habitual residence and the respect for custody agreements between parents.

The Case Under Review

The proceedings were initiated by the Public Prosecutor at the Juvenile Court of Milan following the request for repatriation of the minor Thomas, brought to Italy by his mother B.M. against the will of his father C.E. The Court ruled that the child's transfer to Italy constituted a violation of the father's custody rights, as the notification obligation provided for in the parental consent plan had not been respected.

The Court emphasized that the child, whose habitual residence was in the USA, had been removed from their social and cultural environment without the consent of the parent.

The Court's Arguments

In rejecting the mother's appeal, the Court referred to several fundamental aspects:

• Joint custody implies the need for an agreement between parents for every decision concerning the child.
• The transfer of the child to another country without the consent of the other parent is considered a violation of custody agreements.
• The child's emotional state, experiencing stress due to the conflict between the parents, did not justify non-compliance with international regulations.

Legal Implications and Conclusions

This judgment reiterates the importance of respecting international conventions, such as the 1980 Hague Convention, on international child abduction. The Court affirmed that the child's best interests must always be at the center of judicial decisions, and respect for custody agreements is fundamental to ensuring stability and continuity in the child's life.

Conclusions

In conclusion, judgment No. 24173 of 2017 represents an important precedent for cases of international child abduction, highlighting the need for strict adherence to custody agreements and legal procedures. The emotional and psychological consequences for children involved in such situations must always be considered, so that conflict situations that could compromise their well-being do not occur.