International Child Abduction: Analysis of the Judgment of the Court of Cassation No. 31470 of 2023

The recent ruling by the Court of Cassation, No. 31470 of 2023, addresses a topic of great relevance in family law: international child abduction. In this ruling, the Court tackles the issue of the 'habitual residence' of minors and the importance of ensuring their hearing in judicial proceedings, emphasizing the principle of the 'best interest of the child.'

The Context of the Ruling

The case analyzed involves A.A., who requested the return of minors C.C. and D.D. to Italy after their mother, B.B., had retained them abroad. The Juvenile Court of Turin initially rejected the request, arguing that the minors' family ties with their country of origin had been interrupted. This decision was challenged by A.A., bringing the matter before the Court of Cassation.

The regulations on international abduction aim to protect the child from the harmful effects of their unlawful transfer or failure to return to the place where they conduct their daily life.

Fundamental Legal Principles

One of the key points of the ruling is the interpretation of 'habitual residence' as the place where minors have established emotional and social ties, not just parental ties. The Court reiterated that the concept of habitual residence does not coincide with that of domicile but should be understood as the center of the child's daily life.

  • Habitual residence is defined based on the stability and continuity of the child's presence in a particular place.
  • The judge must consider the child's living conditions and emotional ties, as well as integration into the new environment.
  • It is essential to listen to the child, especially if they have reached an age and level of maturity that justifies their opinion.

Court's Conclusions

The Court upheld the decision of the Juvenile Court, establishing that the bond with the country of origin had been definitively severed by the parents and that, therefore, the request for return could not be granted. This case underscores the importance of a thorough evaluation of the circumstances in which the child finds themselves and the necessity to respect their rights, particularly the right to be heard, as provided by national and international regulations.

Conclusions

The ruling of the Court of Cassation No. 31470 of 2023 represents an important reflection on the protection of minors in international disputes, highlighting the need to consider not only the letter of the law but also the reality of the emotional and social ties of the children involved. It is essential for legal professionals to be aware of these principles to ensure that legal decisions are always oriented towards the child's best interest.