Family life

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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Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life

JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here   SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]

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The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17)  see here   SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

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Adoption without searching and informing the biological father and refusal to recall it. Violation of the father’s right to family life

JUDGMENT Uzbyakov v. Russia 05.05.2020 (no.  71160/13) see here  SUMMARY The case concerned the applicant’s complaint about his daughter being adopted by another family and the refusal by the courts to overturn that decision. The Court found deficiencies in the proceedings for the daughter’s adoption, the applicant’s subsequent paternity claim and his request to revoke […]

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Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.

JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY  Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]

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