foreign minors arriving in Italy illegally are to be appointed a legal guardian
in the shortest timeframe possible. Only in a following phase it shall be verified
whether there are the conditions of law to proceed with adoption. Consequently,
the responsibility to appoint the legal guardian is up to the Ordinary Court and
not to the Juvenile Court.
This was defined
by the Court of Cassation, sixth civil section - I, with Order No. 686 of 12 January
2017, concerning the regulation of competence proposed by the Juvenile Court of
Palermo. At the centre of the issue the appointment of a legal guardian for a
minor arrived in Italy illegally.
Read the Order
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