Analysis of Judgment Cass. civ., Section I, Ord. no. 24886 of 2024: Child Abduction and Parental Rights

The issue of international child abduction is at the center of a heated legal and social debate. With ordinance no. 24886 of 2024, the Court of Cassation addressed a complex case concerning the return of a minor to Romania, establishing important principles regarding the child's right to express their opinion and the assessment of the family context.

Context of the Judgment

The case originated from a request by the father, B.B., to return his daughter, C.C., to Romania, after the mother, A.A., had brought her to Italy for a visit. The Court highlighted that the minor, of Romanian nationality, was subject to joint custody with the father and that her retention in Italy constituted an unlawful act according to the Hague Convention of 1980, ratified by Italy with Law no. 64/1994.

The child's wish not to return to their country of origin must be carefully evaluated, taking into account their capacity for discernment and the family circumstances.

The Child's Right and Their Opinion

A crucial point raised by the judgment is the child's right to express their opinion, as established by Article 21 of European Regulation 2019/1111. The Court reiterated that the child's opinion must be considered effectively and concretely. In this specific case, the Court found that the minor's statements had not been adequately assessed, concluding that the Juvenile Court of Brescia had overlooked decisive aspects, such as the lack of contact with the father and evidence of trauma due to past experiences.

• The child's right to be heard is fundamental to ensuring their harmonious development.
• The child's statements must be analyzed in depth, avoiding superficial interpretations.
• The family context and emotional relationships are crucial for a balanced decision.

Conclusions

The judgment of the Court of Cassation represents a step forward in the protection of children's rights in situations of international abduction. It emphasizes the need for a thorough analysis of the child's statements and the context in which they live, highlighting that the child's best interests must prevail over the legitimate expectations of the parents. This approach, although complex, is essential to ensure a balance between family needs and the child's psychophysical well-being.