International Child Abduction: Analysis of Supreme Court Ruling no. 32411/2019

The issue of international child abduction is a matter of great importance in family law, especially when it comes to ensuring the psychological well-being of the children involved. The recent ruling by the Supreme Court of Cassation, no. 32411 of 2019, addresses this delicate topic, offering food for thought on parental responsibility and the importance of considering the needs and rights of minors.

The Case and the Court's Decision

The case in question originated from D.M.'s request to have his daughters D.L. and D.L. returned to Japan, who had been transferred to Italy by their mother R.M. without the father's consent. The Juvenile Court of Rome, while acknowledging the illegality of the abduction, denied the repatriation order, highlighting a potential psychological risk for the minors in case of forced return.

The Court held that forced return to Japan would entail a well-founded risk for the minors of being exposed to an intolerable situation.

In particular, the judges emphasized that the children perceived Japan as a foreign place, highlighting a phase of their lives characterized by moments of distress. This assessment led to the consideration of the minors' best interests, in accordance with the principles established by the 1980 Hague Convention.

Legal Principles and Regulatory References

The Court referred to the Hague Convention, which states that the return of the child may be refused if there is a well-founded risk of exposure to physical or psychological harm, or if the situation is otherwise intolerable. Italian jurisprudence, including that of the Constitutional Court, has always stressed the importance of safeguarding the child's emotional bond with both parents, avoiding interventions that could compromise their psychological stability.

• Art. 12 of the Hague Convention: immediate return if the child has been unlawfully removed.
• Art. 13 of the same Convention: possibility of refusing return in case of risk to the child.
• Supreme Court rulings that reiterate the centrality of the child's well-being in repatriation decisions.

Conclusion

The Supreme Court of Cassation ruling no. 32411/2019 represents an important step forward in protecting the rights of minors involved in international abduction situations. It underscores the importance of considering not only the legal aspect of the abduction but also the psychological and relational implications that a forced return to an unfamiliar environment could entail. Decisions regarding custody and repatriation must always take into account the best interests of the child, ensuring a balance between the rights of parents and the well-being of their children.