Abduction of Minors and Parental Rights: Commentary on Cass. Civ. No. 8229/2023
The ruling No. 8229 of 2023 by the Court of Cassation represents a crucial moment for Italian jurisprudence regarding the international abduction of minors. The Court addressed a complex situation in which a minor, transferred to Italy by the mother, opposed returning to Belgium with the father. This case highlights the delicate issues related to parental rights and the protection of the minor, as well as the child's right to be heard.
The Legal Context of the Ruling
The case originated from an unlawful transfer of the minor, which took place in violation of Belgian judicial orders. The mother, A.A., had taken the child to Italy despite it being established that the minor's habitual residence was Belgium. The Court of Cassation upheld the decision of the Juvenile Court of Catania, emphasizing that the abduction of the minor not only violated the rights of the other parent, B.B., but also created a situation of instability for the child.
The Court highlighted that the right to co-parenting must prevail over the individual interest of one parent, thereby ensuring the well-being of the minor.
The Child's Right to be Heard
A fundamental aspect that emerged from the ruling is the child's right to be heard, as provided by the Hague Convention and Italian domestic law. At the time of the events, the minor was 14 years old, and his opposition to returning to Belgium was considered. However, the Court clarified that the minor's wishes must be evaluated in the broader context of his family relationships and psychological well-being. Despite the minor expressing the desire to remain in Italy, the Court deemed that his return to Belgium was in the best interest of the child, given his ties to the paternal family.
Conclusions: The Right to Co-Parenting and the Well-Being of the Minor
The ruling No. 8229 of 2023 emphasizes the importance of ensuring a balance between the rights of parents and the well-being of the minor. The Court reaffirmed that, while the minor must be heard, decisions must always be directed towards safeguarding his growth and development in a stable environment. The protection of co-parenting is a priority, and judicial authorities must operate with care to ensure that the rights of both parents are respected, without compromising the best interest of the minor.
