Decision of the Court of Cassation, I Civil Section, No. 19694 of 30 May 2014

The Court of Cassation examined the appeal against the decision of the Juvenile Court in Trento, which had been then confirmed by the Court of Appeal, to not authorize an UK national to return, with her child, in her country of origin and, thus, creating a serious obstacle to the child’s relationship with his father (an Italian living in Italy). Based on the principles enshrined in the UN Convention on the Rights of the Child and the European Convention on the Exercise of the Rights of the Child as implemented in Italian domestic law, the Court found that the decision was correct. The best interest of the child must prevail over the mother’s right to freedom of movement and establishment under EU law, and also over the right not to suffer interferences in private and family life by public authorities under Article 8 of the ECHR.