Abduction of Minors: Commentary on the Judgment of the Court of Cassation, Sec. I, Order no. 15254/2019

The recent ruling of the Court of Cassation, no. 15254 of June 4, 2019, raises crucial questions regarding the repatriation procedures of abducted minors, especially in international contexts. The case in question involves a complex situation of abduction by the mother, which led to the decision to deny the repatriation of the minor, despite evidence of illicit behavior by the mother. The ruling invites us to reflect on the importance of considering the best interests of the child, as established by the Hague Convention and Italian law.

The Case and Its Development

The appellant, T.H.A., the father of the minor, appealed the decree of the Juvenile Court of Bologna, which denied the request for the repatriation of his daughter, arguing that her return could pose a serious risk to the minor. The mother, Z.Y.D.R., had abducted the daughter without the father's knowledge and had forged the minor's passport, making the situation even more delicate.

In international child abduction proceedings, the hearing of the minor constitutes a necessary fulfillment for the legitimacy of the repatriation decree.

The Importance of Hearing the Minor

A central element of the Cassation decision is the obligation to hear the minor involved. The Court emphasized that the absence of a formal hearing of the minor by the Court represented a violation of her rights, as only a direct hearing could ensure an impartial assessment of her will and psychological conditions. This principle is in line with Article 12 of the New York Convention on the Rights of the Child, which establishes the child's right to be heard in all matters concerning them.

Legal Implications and Conclusions

The ruling Cass. no. 15254/2019 emphasizes several fundamental aspects of Italian and international law concerning the abduction of minors. Among the most significant legal implications, we can list:

  • Need for a formal hearing of the minor in court.
  • Assessment of the minor's level of maturity and their will.
  • Consideration of existing emotional relationships and the impact of repatriation.

In conclusion, the Court of Cassation annulled the appealed decree, highlighting the need for a comprehensive review of the case, taking into account not only the legal aspects but also the psychological well-being of the minor. This ruling represents an important step in the protection of children's rights, emphasizing that every decision must be guided by the best interests of the child.