Italian Supreme Court of Cassation (Corte di Cassazione), Civil Section I, N. 25310/2020, 11 November 2020

Application for family reunification proposed by a Pakistani citizen against a minor, entrusted to him on the agreement of his mother, omitting the reference to the institution from the kafala. Superior protection of the minor.

Law of 4 May 1983, n. 184 which governs the adoption and custody of minors. 

 

The application for family reunification, proposed by a Pakistani citizen for the custody of the younger brother, must be accepted thanks to the reference to the legal institution of the kafala provided for by Islamic law, subject to verification, by the trial judges, of the fact that the minor is dependent (or cohabits) with the foster or that there are serious health / factual reasons that require family reunification with the kafil (guardian). Therefore, the judges of legitimacy have ruled that the custody act must be observed by examining the actual practical-legal reason, always keeping in mind, as an orientation compass for the judges of merit, the best interests of the child.