International Child Abduction: Analysis of the Court of Cassation Judgment No. 32411/2019

The issue of international child abduction is a matter of great relevance in family law, especially when it comes to ensuring the psychological well-being of the children involved. The recent ruling of the Court of Cassation, No. 32411 of 2019, addresses this sensitive issue, offering reflections on parental responsibility and the importance of considering the needs and rights of minors.

The Case and the Court's Decision

The case at hand originates from the request of D.M. to return his daughters D.L. and D.L. to Japan, who were taken to Italy by their mother R.M. without the father's consent. The Juvenile Court of Rome, while recognizing the illegitimacy of the abduction, denied the repatriation order, highlighting a potential psychological risk for the minors in the event of forced return.

The Court deemed that forced return to Japan would pose a legitimate risk for the minors of being exposed to an intolerable situation.

In particular, the judges emphasized that the girls perceived Japan as a foreign place, highlighting a phase of their lives characterized by moments of discomfort. This assessment led to considering the best interests of the minors, in accordance with the principles established by the Hague Convention of 1980.

Legal Principles and Regulatory References

The Court referred to the Hague Convention, which stipulates that the return of the minor may be denied if there is a legitimate risk of exposure to physical or psychological dangers, or if the situation is deemed intolerable. Italian jurisprudence, including that of the Constitutional Court, has always emphasized the importance of safeguarding the emotional bond of the minor with both parents, avoiding interventions that may compromise their psychological stability.

• Art. 12 of the Hague Convention: immediate repatriation if the minor has been unlawfully transferred.
• Art. 13 of the same Convention: possibility to deny return in case of risk to the minor.
• Rulings of the Court of Cassation reaffirming the centrality of the minor's well-being in repatriation decisions.

Conclusion

The ruling No. 32411/2019 of the Court of Cassation represents an important step forward in the protection of the rights of minors involved in international abduction situations. It emphasizes the importance of considering not only the legal aspect of abduction but also the psychological and relational implications that a forced return to a foreign context might entail. Decisions regarding custody and repatriation must always take into account the best interests of the minor, ensuring a balance between the rights of the parents and the well-being of the children.