International Child Abduction: Analysis of Supreme Court Ruling no. 31470 of 2023

The recent ruling by the Supreme Court of Cassation, no. 31470 of 2023, addresses a highly relevant issue in family law: international child abduction. In this order, the Court examines the concept of 'habitual residence' of minors and the importance of ensuring their right to be heard in judicial proceedings, emphasizing the principle of the 'best interests of the child'.

Context of the Ruling

The case analyzed concerns A.A., who requested the return of minors C.C. and D.D. to Italy after their mother, B.B., had retained them abroad. The Juvenile Court of Turin initially rejected the request, arguing that the minors' family ties with their country of origin had been severed. This decision was appealed by A.A., bringing the matter to the attention of the Supreme Court of Cassation.

The regulations on international abduction aim to protect the child against the harmful effects of their unlawful transfer or failure to return to the place where they lead their daily life.

Fundamental Legal Principles

One of the key aspects of the ruling is the interpretation of 'habitual residence' as the place where the minors have established emotional and social ties, not just familial ones. The Court reiterated that the concept of habitual residence does not coincide with that of domicile but must be understood as the center of the minor's daily life.

• Habitual residence is defined based on the stability and continuity of the minor's presence in a specific location.
• The judge must consider the minor's living conditions and emotional ties, as well as their integration into the new environment.
• The child's right to be heard is fundamental, especially if they have reached an age and level of maturity that warrants their opinion.

Court's Conclusions

The Court upheld the decision of the Juvenile Court, establishing that the bond with the country of origin had been definitively severed by the parents and that, therefore, the request for return could not be granted. This case highlights the importance of a thorough assessment of the circumstances of the child and the need to respect their rights, particularly the right to be heard, as provided for by national and international regulations.

Conclusion

Ruling Cass. civ. no. 31470 of 2023 represents an important reflection on the protection of minors in international disputes, emphasizing the need to consider not only the letter of the law but also the reality of the emotional and social ties of the children involved. It is crucial for legal professionals to be aware of these principles to ensure that legal decisions are always oriented towards the best interests of the child.