International Child Abduction: Supreme Court Ruling No. 26382 of 2024

The Supreme Court, with ruling No. 26382 of 2024, addressed a case of international child abduction, analyzing the conditions for exercising custody rights and the definition of habitual residence. The decision of the juvenile court in Bari, confirmed by the Court, offers reflections on the protection of minors in complex family contexts and the rights of parents.

The Context of the Ruling

The case involved A.A., an American father, and B.B., the Italian mother, who had moved their four children to Italy, where they were retained against the father's will. The central issue was whether the transfer could be considered unlawful under the Hague Convention. The Court determined that, although the father had formally custody rights, he had not exercised those rights in a concrete and continuous manner.

The judge must verify the actual exercise of custody rights at the time of the transfer, as an abstract evaluation is insufficient.

Custody Rights and Habitual Residence

The Court clarified that custody rights must be exercised continuously and not episodically. In this case, the father, despite having the formal right, had not demonstrated that he could ensure daily presence and care for the children, as he had moved his residence for work reasons. Additionally, the Court considered the children's habitual residence, establishing that their life was rooted in Italy, where they had access to family relationships and educational opportunities.

  • Habitual residence: assessment of social and family rooting.
  • Custody rights: necessity of effective and continuous exercise.
  • Implications for family relationships: maintaining meaningful contact despite distance.

Conclusions

Supreme Court ruling No. 26382 of 2024 represents an important step in Italian jurisprudence concerning international child abduction. It emphasizes the importance of a concrete assessment of custody rights and habitual residence, placing the best interests of the child at the center. In a global context where families may find themselves divided between different states, it is crucial to ensure that the rights of minors are always respected and protected.

Bianucci Law Firm