Abduction of Minors: Analysis of Cass. Civ. Judgment No. 18845 of 2024

Judgment No. 18845 of 2024 by the Court of Cassation represents a significant reference point in managing disputes related to the international abduction of minors. This specific case involves a minor, C.C., whose habitual residence has been contested between the parents, A.A. and B.B., in a context of complex family relationships and legal tensions. The Court addressed fundamental issues related to the identification of the minor's habitual residence and the assessment of their well-being.

The Issue of Habitual Residence

The concept of habitual residence is central to this judgment and is based on various factors, including the stability and integration of the minor in their social and family environment. The Court emphasized that, to establish habitual residence, it is not sufficient to consider only the place of birth or the physical presence of the minor in a particular location. In fact, the judgment referred to principles already established by European jurisprudence, highlighting that the center of the minor's life is determined by the caregivers who take care of them daily.

The habitual residence of the minor coincides with the place where the center of their life is actually located.

Risk Assessment in Repatriation

Another crucial aspect of the judgment concerns the assessment of risk for the minor in the event of repatriation to the country of origin. The Court established that, under Article 13 of the 1980 Hague Convention, it is essential to evaluate whether repatriation could expose the minor to physical or psychological dangers. In this case, the Court highlighted the need for a thorough analysis of personal circumstances, including any criminal history of the parent requesting repatriation and the stability of the context in which the minor lives.

Relevant Legal Principles

  • The importance of habitual residence as an indicator of the minor's well-being.
  • The necessity to consider the socio-environmental context of the primary caregiver.
  • The obligation to assess the risk of domestic violence and other risk factors for the minor.

Ultimately, Judgment No. 18845 of 2024 offers important reflection on the management of international abduction disputes, placing the best interests of the minor at the center and emphasizing the need to ensure a stable and safe environment for their development.

Conclusion

The decision of the Court of Cassation underscores the importance of a detailed and contextualized analysis in matters of international abduction of minors. Recognizing and respecting the minor's habitual residence, as well as the resulting family and social relationships, is essential to ensuring their well-being and safety. With this judgment, the Court reaffirms the principle that the well-being of the minor must always be at the center of legal attention.

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