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 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.
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.
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.
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.
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abduction of minors acceptance acceptance of inheritance accumulation of claims action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agricultural contract alimony allocation of the marital home allowance review ascendants autonomy Bergamo best interest of the child best interests of the child biological truth biparentality burden of proof cancellation capacity to understand case law Cassation Cassation ruling change of residence charge child abduction child custody child hearing child protection Child Rights child support child's best interest child's hearing children's needs children's rights children's welfare children’s rights civil law civil liability civil union co-ownership co-parenting cohabitation cohabitation more uxorio collation compensatory liability consensual separation consent Constitutional Court court Court of Appeal Court of Brescia Court of Cassation Court of Crotone Court of Justice of the EU Court of Verona creditor protection creditors crime criminal law custody custody of minors custody rights damages compensation defense rights divorce divorce alimony divorce allowance divorce settlement domestic violence donation donations dual parenthood dual parenting economic disparity economic equity economic responsibility economic self-sufficiency emotional bonds emotional stability employability equity European Court of Justice European protection order evasion evidence exclusive custody extraordinary expenses family family conflict family conflicts family law family obligations family relationships family responsibilities family responsibility fault filial status filiation financial contribution forced heirs foreign minors foster care fragility freedom of choice gender dysphoria genetic testing grandparents guardianship habitual residence Hague Hague Convention hearing of the minor heirs holographic will incapacity incidental appeal income disparity indirect donations individual freedom ineffectiveness infidelity ingratitude inheritance inheritance division inheritance law inheritances interest of the minor international abduction international abduction of minors international custody international law inventory benefit Istanbul Convention Italian jurisprudence Italian justice joinder joinder of parties joint custody judgment judgment 34950/2022 judgments jurisdiction Jurisprudence law 184/1983 law 898/1970 legal aid legal community legal guardianship legitimaries legitimate legitimate share legitimization liability listening to the minor maintenance maintenance allowance maintenance obligation marital community marital home marital responsibility marital separation marriage mediation mild adoption minor abduction minor children minor hearing minor rights minor's opinion minors minors transfer minors' rights mistreatment moral violence mortgage mortgage registration mother's standing natural incapacity non-binary identity non-compliance non-pecuniary damage non-performance notification nullity nullity of will order parental authority parental capacity parental conflict parental consent parental inadequacy parental obligations parental responsibilities parental responsibility parental rights parenting agreement passive standing paternity paternity denial placement of minors protection of minors protection of minors' rights psychological health real estate transfer reconciliation reduction reduction of donations Regulation 2201/2003 reimbursement of expenses religious education repatriation responsibility revocability revocation revocation of spousal support right of defense right of reduction right to be heard right to defense rights of ascendants rights of the beneficiary risk of default ruling ruling 1234/2023 ruling 12345 ruling 16462 ruling 16691/2024 ruling 16703/2024 ruling 16716/2024 ruling 17191/2011 ruling 19069/2024 ruling 2023 ruling 2024 ruling 24369 ruling 2536/2024 ruling 32354/2024 ruling Cassation 2017 ruling Cassation 8229/2023 ruling no. 6433 ruling of the Court of Cassation rulings school self-determination self-responsibility sentence 8980 separation separation agreement separation charge severance pay sex reassignment shared custody shared parenting side agreements simulation social services special curator spousal duties spousal support spouses' rights stalking standard of living standing state of abandonment subsidiary liability succession successions support administration Supreme Court Supreme Court 2024 Supreme Court ruling surrogacy suspensive condition Swiss law technical consultancy territorial jurisdiction testamentary succession testamentary will testator's intention testimony transfer transfer of minors Turin ruling Ukraine unlawful detention violation violation of family assistance violence visitation visitation rights welfare of minors will will of the beneficiary