Judgment Cass. Civ. No. 13438 of 2023: Jurisdiction in Cases of International Child Abduction

The recent intervention of the United Sections of the Court of Cassation, with ordinance No. 13438 of May 16, 2023, addressed a crucial issue regarding jurisdiction in matters of parental responsibility and international child abduction. The ruling takes place in a complex legal context, where national and international regulations intertwine, and provides important insights for legal practitioners and families involved in similar disputes.

The Case Submitted to the Court

The dispute originated from proceedings initiated by B.B. before the Juvenile Court of Rome, which sought to ascertain his parental responsibility over the minor D.D., currently residing abroad. Specifically, the minor's father argued that his right to visitation and information had been violated, and that the minor had been taken without his consent. However, the petitioner A.A. raised the issue of lack of jurisdiction of the Italian judge, as the minor was permanently residing abroad.

The Court established that the authorities of the State of the minor's habitual residence are competent to adopt protective measures for the minor's person and property.

International Norms and Jurisdiction

The judgment refers to the Hague Convention of 1996, also ratified by Italy, which establishes that jurisdiction for matters related to parental responsibility lies with the authorities of the State where the minor has habitual residence. The Court clarified that, in the case at hand, D.D. had been permanently residing abroad since 2010, and therefore the Italian court could not exercise its jurisdiction.

• The Hague Convention aims to prevent conflicts of jurisdiction.
• The minor's habitual residence is the fundamental criterion for establishing jurisdiction.
• The recognition of foreign jurisdiction is essential to ensure the best interests of the minor.

Conclusions of the Court

The Court of Cassation declared the lack of jurisdiction of the Italian judge, ordering the legal costs of the entire trial to be borne by the parties. This decision highlights the importance of a correct interpretation of international and national norms regarding parental responsibility, emphasizing that jurisdiction cannot be invoked arbitrarily but must always respect the principle of the minor's habitual residence.

Conclusions

Judgment No. 13438 of 2023 by the Court of Cassation represents an important reference for issues of jurisdiction in matters of parental responsibility and child abduction. It reaffirms the importance of international cooperation and respect for the rules, always placing the best interests of the minor at the center. Lawyers and families must take these provisions into account to avoid jurisdictional conflicts and ensure the well-being of the minors involved.