Abduction of Minors: Analysis of the Supreme Court Ruling No. 15714/2019

The recent ruling of the Supreme Court, No. 15714 of June 11, 2019, addresses a highly relevant issue in family law: the international abduction of minors. This specific case involves a minor, A., and his parents, P. M. and C. D., in a context of complex family conflicts and custody issues. The decision of the Supreme Court provides important insights into the protection of minors' rights and the correct application of international norms.

The Context of the Ruling

The Juvenile Court of Caltanissetta initially rejected the appeal of P. M., who reported the abduction of his son A. by the mother C. D., which occurred in Italy without the father's consent. The court, after evaluating the family dynamics and the minor's living conditions, decided to temporarily grant custody of A. to the mother, considering that his stay in Italy was in the best interest of the minor.

In cases of international abduction of a minor, it is not for the judge of the place of transfer to evaluate the best custody conditions.

The Reasons of the Supreme Court

The Supreme Court upheld P. M.'s appeal, highlighting several errors of assessment in the decree of the Caltanissetta Court. The three grounds for appeal denounced:

  • Failure to examine decisive facts, as the report from an evaluation unit had been ignored.
  • Violation of legal norms related to the Hague Convention, which prevents the judge from deciding on custody in cases of abduction.
  • Incorrect assessment of evidence and risks for the minor, particularly regarding his safety in repatriation.

The Supreme Court established that the Court could not question the custody of the minor, as the international abduction had to be addressed as a priority, restoring the previous status quo.

Implications of the Ruling

This ruling reaffirms the importance of adhering to international provisions regarding the abduction of minors, emphasizing that:

  • The right to custody must be determined without bias and based on concrete evidence.
  • The minor must be protected from situations of physical and psychological risk.
  • The court must act in the best interest of the minor, without yielding to subjective interpretations of family dynamics.

The Supreme Court's decision represents an important step in the protection of minors' rights and the correct application of international norms.

Conclusions

In conclusion, ruling No. 15714/2019 of the Supreme Court provides important guidance for managing cases of international abduction of minors. It reaffirms the principle that the best interest of the minor must always be at the center of judicial decisions, and that evidence must be evaluated with rigor and impartiality. It is essential that parents and legal professionals understand the seriousness of international abductions and their legal and psychological consequences for the minors involved.

Bianucci Law Firm