Adoption and Custody: Commentary on the Judgment of the Court of Cassation No. 21969 of 2024

The Court of Cassation, with the ruling No. 21969 of 2024, addressed a matter of great significance in family law concerning the custody of a minor, D.D., whose parents, A.A. and B.B., were involved in a separation proceeding. This case highlights not only the Italian regulations on custody but also the fundamental principles enshrined in the New York Convention on the Rights of the Child and European legislation.

The Context of the Ruling

The Court of Appeal of Turin, through the ruling No. 641-2023, had ordered the extension of the minor's custody to a family unit different from the original one, also confirming the interruption of visits with the parents. The reasoning behind this decision was based on a careful assessment of the minor's psychological situation, highlighting her fear of her father and the need to protect her well-being.

The Court reiterated that the suspension of contact between father and daughter is justified by the deep-seated rejection of the paternal figure expressed by the minor.

Fundamental Principles and Reference Legislation

The ruling emphasizes the importance of ensuring the minor's right to balanced development, as provided by Law No. 184 of 1983 and European provisions. In particular, Article 24 of the Charter of Fundamental Rights of the European Union establishes the right of the minor to maintain direct and regular contact with their parents. However, in cases of conflict between the interest of the minor and the rights of the parents, priority must always be given to the psychological and physical well-being of the child.

Implications of the Decision

The decision of the Court of Cassation, while declaring the father's appeal inadmissible, underscores several crucial aspects:

• The importance of listening to the minor in the decision-making process concerning their future.
• The need for a thorough and reasoned assessment by the judge regarding the parents' suitability to maintain meaningful relationships with the child.
• The recognition of the minor's right to live in a family context that ensures their safety and serenity.

Conclusion

This ruling from the Court of Cassation represents a milestone in the protection of children's rights, highlighting how the Italian legal system, while respecting parental rights, must always prioritize the interest of the minor. The ruling serves as a warning to legal practitioners and parents to consider with the utmost seriousness the psychological well-being of minors involved in family conflict situations.