International parental abduction and best interest of the child in Italy.
The best interest of the minor in international child abduction.
One of the most debated issues during a trial on international child abduction, is represented by the best interests of the child. There is no unified definition of the best interests of the child, as it must be sought taking into account all the circumstances of the case.
However, according to the Explanatory Report of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (drafted by the Spanish jurist Elisa Pérez-Vera, the First Committee rapporteur who drafted the Convention), the right of the child not to be removed from his place of habitual residence is one of the most objective example of the best interest of the minor.
The Explanatory Report also mentions the Recommendation n. 874 (1979) of the Parliamentary Assembly of the Council of Europe, according to which "the children should no longer be considered as property of the parents, but they must be recognized as individuals with their own rights and needs. The real victim of the abduction is the same child who suffers the instability, the traumatic loss of contact with the parent who provided for its growth, uncertainty and frustration arising from the need to adapt to a different language, unfamiliar cultural conditions and unknown teachers and family members."
These principles have also been declared by the Italian Supreme Court, with the Judgment n. 1527/2013, according to which "the detention must be considered as illegal if it contrasts with the factual situation, based on the presumption that the best child's interest coincides with that of not being removed or be immediately brought back to the place where he carries his usual everyday life."
If you need an Italian lawyer for international child abduction in Italy, please, contact us.
Please, see also:
Published on 11 April 2016
The use of this content is permitted only by indicating source (link) and author