Family life

Revocation of a residence permit of a person convicted of drug trafficking. No violation of family life

JUDGMENT Veljkovic-Jukic v. Switzerland 21.07.2020  (appl. no. 59534/14) see here SUMMARY The case concerned the withdrawal of the permanent residence permit of a Croatian national who has lived in Switzerland since the age of 14, because of her criminal conviction for drug trafficking, and her possible removal from Switzerland. The Court found that Switzerland had […]

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Widow’s request for exhumation and transfer of her husband’s body to another country. Failure to consider the request violated private and family life

JUDGMENT Drašković v. Montenegro 09.06.2020 (app. no. 40597/17) see here  SUMMARY The case concerned the applicant’s wish to have her husband’s remains removed from Montenegro to Bosnia and Herzegovina, which another member of the family refused to allow. The Court found in particular that such a dispute fell to be examined under both the private […]

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Father’s indifference to communicate with his child for 8 years, who developed a bond with his step father. Removal of parental responsibility. Non-violation of the right to respect for family life

JUDGMENT Ilya Lyapin v. Russia 30.06.2020 (app. no.  70879/11) see here SUMMARY Father indifference to a child for 8 years and absolutely no communication for 7 years. Respect for family life and removal of parental responsibility from the father. The applicant father had not participated in his child’s life on his own initiative for 8 […]

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The return of the children to the father’s residence, which was their permanent place of residence, did not violate the mother’s right to family life

JUDGMENT Voica v. Romania 07.07.2020 (no. 9256/19) see here   SUMMARY Custody and residence of a child. Best interests of children. The applicant moved with her children to Romania even though their place of residence and that of her ex-husband, with whom she shared custody, was France. The domestic courts ordered the return of the children […]

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Abduction of a child by her mother. Non-implementation of the Hague Convention by national courts. Violation of the father’s right to family life

JUDGMENT Michnea v. Romania 07.07.2020 (no.  10395/19) see here  SUMMARY Hague Convention, Brussels Regulation, child custody and best interests of the child. The applicant, a Romanian national, lives in Italy where he and his Romanian wife had a daughter. Without his consent, the wife moved with her child to Romania. The domestic courts rejected the […]

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Prohibition of entry into Switzerland for 7 years of a convicted of drugs did not violate his family life

JUDGMENT Κ.Α. v. Switzerland 07.07.2020 (ap. no. 62130/15) see here SUMMARY The case concerned the dismissal of the applicant’s request for an extension of his residence permit and the order imposing a temporary prohibition on entry to Switzerland, issued against him following his criminal conviction for a drug-related offence. The applicant was expelled from Switzerland, […]

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The refusal to revoke the decision regardng the recognition of paternity, which was later proved by DNA that he was not the biological father and despite the consent of him and the child, violated the right to family life.

JUDGMENT Bocu v. Romania 30.06.2020 (appl. no. 58240/14) see here   SUMMARY Recognition of paternity. Revocation of paternity recognition decision due to the existence of new strong opposing data. The applicant was recognized by an irrevocable court decision as the father of B.AM., with a simple blood test and speculation of their biological connection. When B.AM. […]

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Adoption of a child without the consent of the mother. Violation of family life. The Court calls for the restoration of the biological mother-child communication!

JUDGMENT Omorefe v. Spain 23.06.2020 (no. 69339/16) see here SUMMARY The case concerned the placement in foster care and subsequent adoption of a child and the inability of the biological mother to retain contact with him. In 2009 the applicant, Ms Omorefe, asked for her son (born in 2008) to be taken into care by […]

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Refusal to reopen paternity proceedings dating back 40 years breached the private life of the son

JUDGMENT Boljević v. Serbia 16.06.2020 (no. 47443/14) see here  SUMMARY The case concerned the domestic courts’ refusal to reopen paternity proceedings dating to the 1970s because they were time-barred. The applicant alleged that that decision had denied him the opportunity to prove his origins via modern DNA testing methods. The Court found that, although time-limits […]

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Child custody and two different decisions of two different states! Involvement of the CJEU, ECtHR, Italy and Romania!

JUDGMENT S.L. and A.L. v. Italy  04.06.2020 (no. 896/16) see here   SUMMARY The case concerned child custody proceedings between parents of different nationalities (Italian and Romanian). In 2009 the first applicant’s wife brought divorce proceedings, seeking custody of her son, in the Romanian courts, while judicial separation and custody proceedings, brought by the applicant in […]

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