Decision of the Court of Livorno, Criminal Section, No. 2813 of 16 December 2016

The Court of Livorno acquitted the father of two children who refused to deliver them to their mother in accordance with the divorce sentence and a further order from a civil court, from the offense of “fraudulent non execution of judicial orders concerning minors” (Article 388 of the criminal code). For the Court of Livorno, the conduct of the accused was not to describe as an offense because of the children’s ascertained will of no longer staying with their mother. The non-executed judicial order had been taken without hearing the minors and taking into consideration their opinion; and, thus, in violation of the New York Convention on the Rights of the Child and the relevant Italian legislation.