International Child Abduction: Analysis of Cass. civ. no. 3319/2017

The judgment of the Supreme Court of Cassation no. 3319 of 2017 offers important clarifications on the subject of international child abduction, highlighting the centrality of the principle of hearing the child in repatriation proceedings. In this article, we will analyze the Court's decision, its reasoning, and the legal implications that arise from it.

The Case and the Decision of the Juvenile Court

The case concerns the request for repatriation of the minor S., by the father F. G., originally residing in Ireland. After separating from the mother G. E., the minor had been transferred to Italy without the father's consent. The first decision of the Juvenile Court of Catanzaro ordered repatriation to Ireland, finding that there were no risks to the child's well-being.

However, the Public Prosecutor appealed this decision, arguing that the child had not been heard, a crucial step to ensure respect for her rights and interests. The Court of Cassation upheld this appeal, emphasizing that hearing the child is a necessary and not optional requirement.

The Importance of Hearing the Child

The hearing of the child, provided for by Italian law and international conventions, is fundamental to guarantee their right to be heard and to assess their needs.

According to art. 315 bis of the Civil Code, children must be heard in all proceedings concerning them. This rule is part of the context of international conventions, such as the UN Convention on the Rights of the Child, which establishes the child's right to be heard in all matters concerning them. The Court highlighted that the failure to hear the child in the case in question compromised the respect for her rights.

Implications of the Judgment

The implications of judgment no. 3319/2017 are significant for family law. Indeed, it reaffirms the principle that the child's well-being must always be at the center of legal decisions concerning them. Furthermore, the Court clarified that, in the absence of valid reasons, it is not possible to exclude the child's hearing, even more so in delicate cases such as international abduction.

• The need to guarantee the child's right to be heard.
• The importance of assessing the child's living conditions in the country of repatriation.
• The obligation for authorities to provide reasons for excluding the hearing in case of concrete dangers.

In conclusion, the Cassation judgment not only annulled the repatriation decree but also strengthened the principle of hearing children, a crucial element for the protection of their rights.

Conclusions

In summary, judgment Cass. civ. no. 3319 of 2017 represents an important step for the protection of children's rights in international abduction proceedings. It reiterates the importance of considering the child's well-being and ensuring that their opinions are heard at all stages of the process. Authorities and legal professionals should keep these guidelines in mind to ensure a fairer justice system that is sensitive to the needs of the youngest.