Family life

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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The delay in reconnecting mother and daughter was mandated by a court investigation after allegations of sexual abuse. No violation of family life.

JUDGMENT  Stankūnaitė v. Lithuania 29.10.2019 ( no.  67068/11) see here  SUMMARY  The case concerned complaints by the applicant about care decisions related to her daughter and delays in reuniting them. The Court found in particular that the authorities had acted with the requisite diligence in the care proceedings: they had had first to wait for […]

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Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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Failure to allow a psychiatric detainee to attend her mother’s funeral violates her right to family life.

JUDGMENT Solcan v. Romania 08.10.2019  (no. 32074/14) see here   SUMMARY Failure to permit a schizophrenic criminal detainee at a psychiatric clinic to attend her mother’s funeral violated her right to family life. Restrictions on the rights and freedoms of the individual. The applicant, who is suffering from schizophrenia, is involuntarily detained in a psychiatric clinic […]

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The authorities’ inactivity to enforce a judgment on parental authority for the mother and the subsequent absurd reasoning of the courts for parental deprivation violated the right to family life.

JUDGMENT Zelikha Magomadova v. Russia 08.10.2019 (no.58724/14) see here  SUMMARY The case concerned a widow being denied access to her six children by her in-laws in defiance of court orders and the authorities’ decision to withdraw her parental authority. Ms Magomadova was forcibly separated from her children by her brother-in-law in 2010. The children remained […]

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The inability to regain legal capacity, although its deprivation was based only on an earlier psychiatric report, violated both the right to a fair trial and the right to respect for privacy.

JUDGMENT Nikolyan v. Armenia 3-10-2019 (no. 74438/14) see here SUMMARY The case concerned an applicant who was declared legally incapable in 2013, following proceedings brought by his wife and son. The Court found that the applicant could neither pursue his divorce and eviction claim against his wife nor seek restoration of his legal capacity in […]

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The applicant was not aware of the other party’s allegations to respond them in hers child custody case law. Violation equality of arms.

JUDGMENT Andersena v. Latvia of 19.09.2019 (no. 79441/17) see here SUMMARY Adversarial proceedings, equality of arms and the right to family life. The applicant moved from the family home with her daughter to another country. The father filed a lawsuit and won the child’s return to his place of residence. In the proceedings before the Court, the applicant […]

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