Cass. civ., Sez. I, Ord. n. 23631/2022: Defense Rights and International Child Abduction

The recent ruling of the Court of Cassation no. 23631 of July 28, 2022, addresses a delicate and highly relevant issue: international child abduction and the defense rights of the parents involved. In this case, the father filed an appeal against a decree from the Juvenile Court of Turin that denied the repatriation of the minors, arguing that his right to be informed and to participate in the hearing was violated.

The Context of the Ruling

The Juvenile Court had excluded the configurability of international abduction, as the minors had been brought to Italy with the consent of both parents. However, the father, A.M.M., contested the procedure, highlighting that no hearing had been set in his favor, thus violating the principle of adversarial proceedings and the rights of defense.

The Court recognized that the right of defense cannot be completely compressed, emphasizing the importance of notifying the requesting parent about the hearings.

The Violations Noted by the Court

The Court of Cassation accepted the first ground of appeal, emphasizing that the law expressly requires the necessity of setting a hearing in chambers and informing the requesting parent of the date of such hearing. Italian and international norms, particularly the 1980 Hague Convention, require that the right of defense is guaranteed at all stages of the process.

• Violation of the right of defense
• Necessity of setting the hearing
• Obligation of information by the Central Authority

Implications of the Ruling

This decision by the Court of Cassation has significant implications for international child abduction proceedings. It reaffirms the centrality of the right of defense and adversarial proceedings, fundamental elements in any legal process. The absence of a hearing and proper information to the requesting parent not only undermines the right to participate in the proceedings but also jeopardizes substantive justice in handling cases of international abduction.

Conclusions

In conclusion, the ruling no. 23631/2022 of the Court of Cassation represents a significant step in protecting the rights of parents in situations of international child abduction. The Court reiterated the importance of ensuring a fair trial, emphasizing that every parent must have the opportunity to voice their concerns and defend their rights in court. This principle is essential not only for the protection of individual rights but also for the well-being of the minors involved.