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 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.
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.
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:
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.
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abduction of minors acceptance acceptance of inheritance accumulation of claims action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agricultural contract alimony allocation of the marital home allowance review ascendants autonomy Bergamo best interest of the child best interests of the child biological truth biparentality burden of proof cancellation capacity to understand case law Cassation Cassation ruling change of residence charge child abduction child custody child hearing child protection Child Rights child support child's best interest child's hearing children's needs children's rights children's welfare children’s rights civil law civil liability civil union co-ownership co-parenting cohabitation cohabitation more uxorio collation compensatory liability consensual separation consent Constitutional Court court Court of Appeal Court of Brescia Court of Cassation Court of Crotone Court of Justice of the EU Court of Verona creditor protection creditors crime criminal law custody custody of minors custody rights damages compensation defense rights divorce divorce alimony divorce allowance divorce settlement domestic violence donation donations dual parenthood dual parenting economic disparity economic equity economic responsibility economic self-sufficiency emotional bonds emotional stability employability equity European Court of Justice European protection order evasion evidence exclusive custody extraordinary expenses family family conflict family conflicts family law family obligations family relationships family responsibilities family responsibility fault filial status filiation financial contribution forced heirs foreign minors foster care fragility freedom of choice gender dysphoria genetic testing grandparents guardianship habitual residence Hague Hague Convention hearing of the minor heirs holographic will incapacity incidental appeal income disparity indirect donations individual freedom ineffectiveness infidelity ingratitude inheritance inheritance division inheritance law inheritances interest of the minor international abduction international abduction of minors international custody international law inventory benefit Istanbul Convention Italian jurisprudence Italian justice joinder joinder of parties joint custody judgment judgment 34950/2022 judgments jurisdiction Jurisprudence law 184/1983 law 898/1970 legal aid legal community legal guardianship legitimaries legitimate legitimate share legitimization liability listening to the minor maintenance maintenance allowance maintenance obligation marital community marital home marital responsibility marital separation marriage mediation mild adoption minor abduction minor children minor hearing minor rights minor's opinion minors minors transfer minors' rights mistreatment moral violence mortgage mortgage registration mother's standing natural incapacity non-binary identity non-compliance non-pecuniary damage non-performance notification nullity nullity of will order parental authority parental capacity parental conflict parental consent parental inadequacy parental obligations parental responsibilities parental responsibility parental rights parenting agreement passive standing paternity paternity denial placement of minors protection of minors protection of minors' rights psychological health real estate transfer reconciliation reduction reduction of donations Regulation 2201/2003 reimbursement of expenses religious education repatriation responsibility revocability revocation revocation of spousal support right of defense right of reduction right to be heard right to defense rights of ascendants rights of the beneficiary risk of default ruling ruling 1234/2023 ruling 12345 ruling 16462 ruling 16691/2024 ruling 16703/2024 ruling 16716/2024 ruling 17191/2011 ruling 19069/2024 ruling 2023 ruling 2024 ruling 24369 ruling 2536/2024 ruling 32354/2024 ruling Cassation 2017 ruling Cassation 8229/2023 ruling no. 6433 ruling of the Court of Cassation rulings school self-determination self-responsibility sentence 8980 separation separation agreement separation charge severance pay sex reassignment shared custody shared parenting side agreements simulation social services special curator spousal duties spousal support spouses' rights stalking standard of living standing state of abandonment subsidiary liability succession successions support administration Supreme Court Supreme Court 2024 Supreme Court ruling surrogacy suspensive condition Swiss law technical consultancy territorial jurisdiction testamentary succession testamentary will testator's intention testimony transfer transfer of minors Turin ruling Ukraine unlawful detention violation violation of family assistance violence visitation visitation rights welfare of minors will will of the beneficiary