International abduction and the role of judges.

Which conditions prevent the return of a child?

The Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, concluded at The Hague on 29 May 1993, provides for cases in which the obligation to return a child who has been removed from his or her country of habitual residence and taken to another country may be waived.

In the ruling examined in this case law analysis, the court of legitimacy takes the opportunity to recall the regulations in force in Italy and the jurisprudential orientation in this regard.

The issue is becoming ever more topical, considering that more and more marital crises can give rise to the phenomenon of international child abduction.

Attached is an in-depth study of case law on the topic of the conditions that may be an obstacle to the return of a child, the child of a parental couple in conflict, to the country of habitual residence.