Child Abduction: Analysis of Judgment Cass. no. 15714/2019
The recent judgment of the Supreme Court of Cassation, no. 15714 of June 11, 2019, deals with a highly relevant issue in family law: international child abduction. This specific case involves a minor, A., and his parents, P. M. and C. D., in a context of complex family conflicts and custody issues. The Cassation Court's decision offers important insights into the protection of minors' rights and the correct application of international norms.
Context of the Judgment
The Juvenile Court of Caltanissetta had initially rejected the appeal of P. M., who reported the abduction of his son A. by his mother C. D., which occurred in Italy without the father's consent. The court, after evaluating the family dynamics and the minor's living context, had decided to temporarily entrust A. to his mother, deeming his stay in Italy to be in the minor's best interest.
In cases of international child abduction, it is not for the judge of the place of transfer to assess the best custody conditions.
Grounds for the Cassation Court's Decision
The Court of Cassation upheld P. M.'s appeal, highlighting several errors in the assessment of the Caltanissetta Court's decree. The three grounds for appeal alleged:
- Omission to examine decisive facts, as a unit of evaluation report had been ignored.
- Violation of legal norms relating to the Hague Convention, which prevents the judge from deciding on custody in cases of abduction.
- Erroneous assessment of evidence and risks for the minor, particularly regarding his safety upon repatriation.
The Cassation Court ruled that the Court could not review the child's custody, as the international abduction had to be addressed as a priority, restoring the previous status quo.
Implications of the Judgment
This judgment reiterates the importance of following international provisions on child abduction, emphasizing that:
- Custody rights must be ascertained without prejudice and based on concrete evidence.
- The minor must be protected from situations of physical and psychological risk.
- The court must act in the minor's best interest, without yielding to subjective interpretations of family dynamics.
The Cassation Court's decision represents an important step in protecting minors' rights and correctly applying international norms.
Conclusions
In conclusion, judgment no. 15714/2019 of the Court of Cassation offers important guidance for managing cases of international child abduction. It reaffirms the principle that the minor's best interest must always be at the center of judicial decisions, and that evidence must be evaluated with rigor and impartiality. It is crucial for parents and legal professionals to understand the seriousness of international abductions and their legal and psychological consequences on the minors involved.
