Analysis of the ruling Cass. civ., Sez. I, Ord. n. 24886 of 2024: International abduction of minors and parental rights
The issue of international abduction of minors is at the center of a heated legal and social debate. With ordinance n. 24886 of 2024, the Court of Cassation addressed a complex case concerning the return of a minor to Romania, establishing important principles regarding the minor's right to express their opinion and the assessment of the family context.
Context of the ruling
The case originated from a request by the father, B.B., to return his daughter, C.C., to Romania after the mother, A.A., had brought her to Italy for a visit. The Court highlighted that the minor, of Romanian nationality, was subject to shared custody with the father and that her retention in Italy constituted an unlawful act according to the Hague Convention of 1980, ratified by Italy with law n. 64/1994.
The minor's will not to return to their country of origin must be assessed carefully, taking into account their capacity for discernment and family circumstances.
The minor's right and their opinion
A crucial point raised by the ruling is the minor's right to express their opinion, as established by art. 21 of the European Regulation 2019/1111. The Court reiterated that the minor's opinion must be considered effectively and concretely. In this specific case, the Court found that the minor's statements had not been adequately assessed, concluding that the Juvenile Court of Brescia had overlooked decisive aspects, such as the absence of contact with the father and evidence of trauma due to past experiences.
- The minor's right to be heard is fundamental to ensure their harmonious development.
- The minor's statements must be analyzed in depth, avoiding superficial interpretations.
- The family context and emotional relationships are crucial for a balanced decision.
Conclusions
The ruling of the Court of Cassation represents a step forward in the protection of minors' rights in situations of international abduction. It emphasizes the need for a thorough analysis of the minor's statements and the context in which they live, highlighting that the minor's interest must prevail over the legitimate expectations of the parents. This approach, although complex, is essential to ensure a balance between family needs and the psychological and physical well-being of the minor.
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