With two fighting parents the minor can decideby Roberta Lunghini - 2017.07.28
You can’t rimpatriate a minor that wants to stay in Italy. The Supreme Court came to this decision when hearing the case of a young English girl in Italy, on vacation with her mom, who did not want to return to the U.K. where she usually lived. The mother wanted her daughter to remain in Italy “refusing to give her back to her father, despite his constant threats by British authorities and numerous attempts to force her to get the daughter back”. A behavior that was condemned judicially at first, in that it constituted not respecting the legal rights of the other parent, who had won custody in the British courts. The Italian judges at Piazza Cavour, however, did not agree. Who ruled that even in the case of illegal removal of a minor, it is first necessary to hear the child, prior to making a decision on anyone’s behalf. And, in this specific case, the child had indeed expressed her refusal to go back to England to be with her father.
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