Abduction of Minors: Analysis of the Ruling Cass. civ., Sez. I, Ord. n. 36150 of 2022
The ruling n. 36150 of the Court of Cassation, issued on December 12, 2022, provides an important interpretation of the laws concerning international child abduction. The case in question involves A.A. and B.B., parents of a minor, C.C., who was taken to Italy by the mother without the father's consent. The Court declared the mother's appeal inadmissible, clarifying the prerequisites for the return of the minor to the country of habitual residence.
Facts of the Case and Court Decisions
In September 2020, the mother moved her daughter to Italy, claiming to have been a victim of violence by her husband. However, the Juvenile Court of Lecce ordered the return of the minor to Belgium, asserting that the mother had not provided sufficient evidence to support her accusations. The Court emphasized that the parents had established the family residence in Belgium and that the father regularly exercised custody of the child.
Judicial authorities must ensure that the best interest of the minor is always at the center of decisions regarding their custody and residence.
Relevant Legal Principles
The Court referred to Article 12 of the 1980 Hague Convention, which establishes that in cases of abduction, the minor must be returned immediately, unless it is demonstrated that their return would pose risks to their physical and psychological health. The decision of the lower court was based on a careful analysis of the evidence and circumstances, confirming that:
- The minor's habitual residence was in Belgium.
- The father effectively exercised the right of custody.
- The mother's allegations of violence were not supported by concrete evidence.
Final Thoughts
This ruling represents an important affirmation of the protection of minors' rights in contexts of family conflict. The Court of Cassation reiterated that, in the absence of concrete evidence justifying the abduction, it is essential to respect the decisions of the competent foreign courts. The protection of the minor must always prevail, and judicial authorities are called upon to ensure that every decision takes into account their best interest.
