Cass. Civ. Ruling no. 13438 of 2023: Jurisdictional Competence in Cases of International Child Abduction

The recent intervention by the United Sections of the Court of Cassation, with ordinance no. 13438 of May 16, 2023, has addressed a crucial issue concerning jurisdictional competence in matters of parental responsibility and international child abduction. The ruling is part of a complex legal context, where national and international regulations intertwine, and offers important food for thought for legal professionals and families involved in similar disputes.

The Case Submitted to the Court

The dispute originated from proceedings initiated by B.B. before the Juvenile Court of Rome, which requested the ascertainment of his parental responsibility over the minor D.D., currently residing abroad. In particular, the minor's father claimed that his right of visitation and information had been violated, and that the minor had been abducted without his consent. However, the appellant A.A. raised an objection regarding the lack of jurisdiction of the Italian judge, as the minor resided permanently abroad.

The Court established that the authorities of the child's habitual residence State are competent to adopt protective measures for their person and property.

International Regulations and Jurisdiction

The ruling refers to the Hague Convention of 1996, also ratified by Italy, which establishes that jurisdictional competence for matters relating to parental responsibility lies with the authorities of the State where the child has their habitual residence. The Court clarified that, in the case at hand, D.D. had been residing permanently abroad since 2010, and therefore the Italian court could not exercise its jurisdiction.

• The Hague Convention aims to prevent conflicts of jurisdiction.
• The child's habitual residence is the fundamental criterion for establishing competence.
• The recognition of foreign jurisdiction is essential to ensure the child's best interests.

Court's Conclusions

The Court of Cassation declared the lack of jurisdiction of the Italian judge, compensating legal costs for the entire proceedings. This decision highlights the importance of a correct interpretation of international and national regulations on parental responsibility, emphasizing that jurisdiction cannot be invoked arbitrarily but must always respect the principle of the child's habitual residence.

Conclusions

Ruling no. 13438 of 2023 by the Court of Cassation represents an important reference for issues of jurisdictional competence in matters of parental responsibility and child abduction. It reaffirms the importance of international cooperation and respect for regulations, always placing the superior interest of the child at the center. Lawyers and families will need to take these provisions into account to avoid jurisdictional conflicts and ensure the well-being of the children involved.