Family life

The alienation of troubled parents from their children has violated their family life

JUDGMENT Hernehult v. Norway 10.3.2020  (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no.  39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]

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Addicted mother of three. Removal of parental authority was disproportionate and violated her family life

JUDGMENT Y.I. v. Russia 25.2.2020 (no. 68868/14) see here SUMMARY The case concerned the applicant’s complaint about being deprived of her parental authority in respect of her three children because she was a drug addict. Drug addiction is a ground for removing parental authority under the Russian Family Code, and entailed her losing all contact […]

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Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here   SUMMARY  Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

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The removal of a child’s custody from his father, in the best interest of the child, did not violate the father’s right to family life

JUDGMENT Lacombe v. France 10.10.2019 (no. 23941/14) see here  SUMMARY The case concerned proceedings for the return of a child to his mother in the United States under the Hague Convention. The Court found that the domestic courts had taken due account of the applicant’s allegations and that the decision-making process had been fair. The […]

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The adoption of children against the wishes of their mothers and the failure to take family reunification measures violated their family life.

JUDGMENT A.S. v. Norway (no.  60371/15) Abdi Ibrahim v. Norway (no. 15379/16) SUMMARY The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a young age and then in the first case to refuse to terminate long-term foster care for the child and in the second to […]

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Children born to a surrogate mother abroad. Does the refusal to register the birth certificate where it stated as the mother the “intended” mother rather than the biological one violate family life?

JUDGEMNT C and E v. France 12.12.2019 (no. 1462/18 and 7348/18) see here SUMMARY Birth through a surrogate mother and the right to have a parental relationship with the person who the child wants. Refusal by the French authorities to enter into the French register full details of birth certificates of children born through a […]

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Failure to exercise the communication rights of a father with his daughter for eight years due to the mother’s opposition violated the father’s right to family life

JUDGMENT Luzi v. Italy 5.12.2019 (no. 48322/17)  see here SUMMARY The applicant’s inability to exercise his right to communicate with his daughter due to the mother’s opposition. The Court found that, in view of the mother’s opposition, which had been going on for eight years, the national authorities had not taken all the necessary measures […]

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The temporary deprivation of child custody from addict parents did not violate their right to family life. But the deprivation of their communication with their child violated that right.

JUDGMENT Κ.Ο. and V.M.  v. Norway 19.11.2019 (no. 64808/16) see here SUMMARY  Official decisions to take a couple’s daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. The Court found that the authorities had conducted an in-depth examination of the case […]

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