Custody of Minors and International Abduction: Analysis of Judgment Cass. Civ. No. 9632/2015

Judgment No. 9632 of May 12, 2015, by the Supreme Court of Cassation addresses a complex case of child custody following an international abduction. This decision is fundamental not only for its legal implications but also for how Italian courts interpret the superior interest of the child in contexts of family conflict.

The Case and the Judges' Decisions

The case in question concerns R.S.E., father of R.S., who had requested exclusive custody of his daughter after the mother, S.M., moved to Poland with the child without providing any news. The Court of Appeal of Florence confirmed the decision of the Juvenile Court, highlighting how the minor's stay in Poland was in the interest of her growth and stability.

The Court emphasized that granting exclusive custody to the mother, despite her unlawful conduct, was justified by the stability and security the minor had found in Poland.

The Court's Reasoning

The Court of Cassation rejected the father's appeal, arguing that the decisions of the Juvenile Court had been correctly reasoned and aligned with the minor's best interests. The reasons for denying custody to the father are based on:

• The father's violent and problematic behavior, including gambling.
• The minor's emotional and residential stability in Poland with her mother and grandmother.
• The minor's good adaptation to the Polish school and social environment.

Legal and Regulatory Implications

The judgment draws attention to the need to consider the superior interest of the child, as established by the Hague Convention of 1980 and Regulation (EC) No. 2201/2003. These regulations place the child's well-being at the center of custody and repatriation decisions. Furthermore, the Court clarified that, in cases of international abduction, the jurisdiction to decide on custody remains with the judge of the child's habitual residence, until a legitimate transfer is accepted.

Conclusions

Judgment Cass. No. 9632/2015 represents an important precedent for family law in Italy, highlighting how, even in situations of parental conflict, the protection and well-being of the child must prevail. Legal professionals and families involved in similar situations should carefully consider the implications of this decision, always remaining focused on the superior interest of the child.