Custody of a child with dual citizenship and issue of jurisdiction.

The Joint Sections of the Court of Cassation have issued the order n. 24608 of 2 October 2019, whereby they have ruled with respect to the judge's competence to decide on the care of minor children not habitually resident in Italy.

The Court has ruled that, when an issue concerning the care of a minor usually resident in another country of the European Union has arisen in divorce proceedings before the Italian Court, the jurisdiction over such application lies, accordingly to the joint operation of articles 8, par. 1, of the EC Regulation n. 2201 of 2003 and 3 of the EC Regulation n. 4 of 2009, with the Court of the State where the minor has his/her habitual residence at the time when proceedings where brought, that could better protect the minor's superior and prominent interest being the nearest Court to the minor's usual place of living.