The ruling no. 24173 of 2017: international abduction of minors and shared custody
The ruling of the Court of Cassation no. 24173 of October 13, 2017, addressed a complex case of international abduction of minors, in which custody rights and shared custody were intertwined. The decision highlighted the critical issues related to the removal of the minor from their country of habitual residence and the respect of custody agreements between the parents.
The case in question
The proceedings were initiated by the Public Prosecutor at the Juvenile Court of Milan following the request for the repatriation of the minor Thomas, who was brought to Italy by his mother B.M. against the will of his father C.E. The Court determined that the transfer of the minor to Italy constituted a violation of the father's custody rights, as the notification requirement established by the parental consent plan had not been respected.
The Court emphasized that the minor, whose habitual residence was in the USA, had been taken away from his social and cultural environment without the consent of the parent.
The Court's arguments
In rejecting the mother's appeal, the Court referred to several key aspects:
- The right to shared custody implies the necessity of an agreement between the parents for every decision regarding the minor.
- The transfer of the minor to another country without the consent of the other parent is considered a violation of custody agreements.
- The emotional situation of the minor, who was in a state of stress due to the conflict between the parents, did not justify the failure to comply with international regulations.
Legal implications and conclusions
This ruling reaffirms the importance of respecting international conventions, such as the Hague Convention of 1980, on the international abduction of minors. The Court stated that the best interest of the minor must always be at the center of judicial decisions, and adherence to custody agreements is essential to ensure stability and continuity in the minor's life.
Conclusions
In conclusion, ruling no. 24173 of 2017 represents an important precedent for cases of international abduction of minors, highlighting the need for strict adherence to custody agreements and legal procedures. The emotional and psychological consequences for minors involved in such situations must always be considered to prevent conflicts that could compromise their well-being.
