International Child Abduction: Supreme Court Ruling No. 26382 of 2024
The Supreme Court, with ruling No. 26382 of 2024, has ruled on a case of international child abduction, analyzing the conditions for exercising custody rights and the definition of habitual residence. The decision of the Juvenile Court of Bari, confirmed by the Supreme Court, offers food for thought on the protection of minors in complex family contexts and parental rights.
Context of the Ruling
The case involved A.A., an American father, and B.B., the Italian mother, who had transferred their four children to Italy, where they were retained against the father's will. The central issue was whether the transfer was considered unlawful under the Hague Convention. The Court ruled that, despite the father having formal custody rights, he had not exercised these rights in a concrete and continuous manner.
The judge must verify the effective exercise of custody rights at the time of the transfer, an abstract assessment not being sufficient.
Custody Rights and Habitual Residence
The Court clarified that custody rights must be exercised continuously and not episodically. In this case, the father, despite having formal rights, had not demonstrated his ability to ensure the daily presence and care of the children, as he had transferred his residence for work reasons. Furthermore, the Court considered the habitual residence of the minors, establishing that their lives were rooted in Italy, where they had access to family relationships and educational opportunities.
- Habitual residence: assessment of social and family ties.
- Custody rights: necessity of effective and continuous exercise.
- Implications for family relationships: maintaining significant contact despite distance.
Conclusions
Supreme Court ruling No. 26382 of 2024 represents an important step in Italian jurisprudence concerning international child abduction. It emphasizes the importance of a concrete assessment of custody rights and habitual residence, placing the best interests of the child at the center. In a global context where families may be divided between different states, it is crucial to ensure that the rights of minors are always respected and protected.
