Child Abduction: Commentary on Cass. Civ. Judgment No. 14792 of 2014

The judgment No. 14792 of 2014 by the Court of Cassation addresses a very delicate issue: child abduction and the respect for parental authority in international contexts. In this case, the Juvenile Court of Marche accepted the request for repatriation of a child to Greece, after the father, D.Y., had brought the minor to Italy without the consent of the mother, L.E.E.

Facts of the Case

The case begins with a family move to Greece, followed by a trip to Italy to visit the paternal grandparents. However, the father then decided to keep the child in Italy, violating the initial agreements. The Court then established that the child's habitual residence was in Greece and ordered his return, highlighting the absence of maternal consent for the definitive transfer.

The Court emphasized that the custody of the minor, prior to the trip to Italy, was exercised jointly by the parents and that any modification required the consent of both.

Underlying Legal Principles

The Court's decision is based on the 1980 Hague Convention, which aims to protect minors from unlawful abductions. In particular, the Court reiterated that the return of the minor must respect his habitual residence, defined as the place where the child has the center of his emotional ties. This principle is essential to ensure stability and continuity in the minor's life.

  • Habitual residence must be established based on objective criteria, such as the duration of stay and the presence of a family environment.
  • The consent of both parents is fundamental for any transfer of the minor.
  • The living conditions in the event of return cannot be assessed unless they reach a degree of physical or psychological danger for the minor.

Conclusions

Judgment No. 14792 of 2014 offers important insights for lawyers and families involved in international child abduction situations. It is crucial that parents respect custody agreements and that any transfers are always accompanied by mutual consent. The protection of the rights of minors must remain at the center of every decision, as reiterated by the Court.

Bianucci Law Firm