Cass. Civ., Ord. n. 4222/2021: Reflections on International Child Abduction

The ruling of February 17, 2021, of the Court of Cassation, n. 4222, provides an important analysis of the issue of international child abduction, addressing crucial questions regarding the best interests of the child and the definition of "habitual residence." This specific case involves C. R., the father of a minor, C. G. E., who had filed a petition for the return of his daughter to Spain after the mother, I. V., had taken her to Italy. The Court reaffirmed the principles established by the Hague Convention of 1980 and by Regulation EC 2201/2003.

The Context of the Ruling

The Juvenile Court of Piedmont had already denied the request for the minor's return, justifying its decision by evaluating the context in which the child was situated. In particular, the Court emphasized the lack of employment and housing for the mother in Spain, in contrast to a solid family and work connection in Italy.

• The concept of "habitual residence" is crucial for determining the child's place of life.
• The Court highlighted the importance of the child's best interests, as established by case law.
• The assessment of the risk of physical or psychological dangers is fundamental in the repatriation decision.

Fundamental Principles on International Abduction

The regulation on international abduction aims to protect the child from the harmful effects of their unlawful transfer or failure to return to the place where they lead their habitual daily life.

The ruling reiterates that the judge must not only consider the immediate well-being of the child but also their integration into the new environment. The Court clarified that if the minor has already established emotional and social ties in Italy, it is essential to consider such factors in the final decision.

In particular, the Court argued that the potential return of the minor to Spain should not be ordered if there is a well-founded risk of dangers to their safety and well-being. This principle is enshrined in Article 13 of the Hague Convention, which states that return cannot be ordered if there are reasons that may expose the child to intolerable situations.

Conclusions

In conclusion, the order n. 4222 of 2021 by the Court of Cassation represents a significant reference point in Italian case law regarding international child abduction. It reaffirms the importance of assessing the best interests of the child, taking into account their habitual residence and the conditions in which they live. The decision not to admit the father's appeal is supported by a solid rationale that places the protection and well-being of the minor at the center. The case offers valuable insights for legal debate and for the practice of legal professionals dealing with family law and juvenile issues.