Family life Archives

Advisory opinion on the procedural status and rights of the biological parent in adult adoption proceedings

Article 6
17/04/2023 18:21

Advisory opinion regarding Finland 13.04.2023 (P16-2022-001) The background to the case and the domestic proceedings The advisory opinion requested relates to a case pending before the Supreme Court of Finland with regard to the adoption of an adult. The adoption concerns C, born in 1993. For the first four years of his life his primary […]

Restriction on remand prisoner’s family visits with wife and daughter, in order not to obstruct the criminal investigation! Violation of respect for family life

Article 8
22/03/2023 20:52

JUDGMENT DELTUVA v. LITHUANIA 21.03.2023 (app. no. 38144/20) see here SUMMARY Restrictions on prisoner’s personal and family life. Protection of family life. The applicant was remanded in custody on suspicion of drug trafficking. During the first nine months of his detention, he was allowed to see his wife and ten-year-old daughter only once. Domestic authorities […]

Failure of the authorities to implement a court’s judgment, setting out contact arrangements between the applicant and his daughter. Violation of respect for family life

Article 8
20/03/2023 22:22

JUDGMENT DUBAS v. UKRAINE 09.03.2023 (app. no. 51222/20) see here SUMMARY Failure of the authorities to implement a judgment given by the Kyiv Court of Appeal on 12 July 2018, setting out contact arrangements between the applicant and his daughter, who was born in 2013 and had been living separately from him since July 2016. […]

Unreasonable delays in the execution of a court decision for contact between father and daughter. Violation of respect for family life

Article 8
16/03/2023 18:06

JUDGEMENT HORVATOVICH v. HUNGARY 09.03.2023 (app. no. 12141/16) see here SUMMARY Failure of the Hungarian authorities to enforce decisions in relation to his contact rights with his daughter. The applicant’s marriage with A. was dissolved and the national courts approved the parties’ agreement about custody rights concerning the couple’s daughter, B. The Budapest Guardianship Authority” […]

Transfer of a child from the USA to Cyprus without the father’s permission. Hague Convention and return of the child to the USA. No violation of family life

Article 8
22/02/2023 08:05

JUDGEMENT G. K. vs CYPRUS 21.02.2023 (app. no. 16205/21) see here SUMMARY Domestic courts’ order for return of child from Cyprus to the USA under the Hague Convention. The applicant moved back to Cyprus with her one-year-old child, without letting the father know. Custody exercised jointly by both parents prior to removal. Thorough examination of […]

Refusal by the Russian authorities to ensure legal recognition and protection of same-sex couples. Violation of private and family life

Administrative
18/01/2023 08:47

GRAND CHAMBER JUDGEMENT Fedotova and others v. Russia 17.01.2023 (app. nos. 40792/10, 30538/14 and 43439/14) see here SUMMARY The six applicants formed three same-sex couples. On various dates they gave notice of marriage to their local departments of the Register Office. The applicants alleged that they were unable to have their respective relationships recognized and […]

Eviction of Roma from camps on land that was not their property and concurrent provision of accommodation. Non-infringement of family life.

Article 14
03/01/2023 14:54

JUDGEMENT Caldaras and Lupu v. France (no. 13561/15), Ciurar and others v. France (no. 35697/15), Stefan and others v. France (no. 36779/16), Stan v. France (no. 41969/16), Sisuand others v. France (no. 45871/16) and Margoi and others v. France (no. 72596/16), of 08.12.2022 see here see here see here SUMMARY Obligation of the state to […]

Courts are required to expeditiously examine child custody cases. Issuing of a decision after 7 months. Violation of Article 8 of the ECHR

Article 8
10/12/2022 16:52

JUDGMENT Μ.Η. v. Poland 01.12.2022 (app. no. 73247/14) see here SUMMARY Children’s custody. Family life. Obligation of national courts to act with speed and diligence. The applicant claimed legal custody of her daughter when her husband moved out of their family home, without her knowledge and without her consent, together with their child. The initial divorce […]

Failure to strike a balance between the interests of children and that of the society to limit the commercial nature of adoption. Violation of children’s privacy

Article 8
07/12/2022 18:42

JUDGMENT Κ.Κ. and others v. Denmark 06.12.2022 (app. no. 25212/21) see here SUMMARY The case concerned the refusal to allow the applicant K.K. to adopt the applicants C1 and C2 (twins) as a “stepmother” in Denmark. The twins were born to a surrogate mother in Ukraine who was paid for her service under a contract […]

Prohibition of cohabitation of partners in the interest of the woman’s minor child from a previous marriage! Violation of respect for family life

Article 6 - Par. 1
28/11/2022 07:34

JUDGMENT N.V. and C.C. v. Malta 10.11.2022 (app. no. 4952/21) see here SUMMARY Cohabitation of couples in a stable relationship. Best interests of the child and positive obligations of the state for family reunification. The applicants are in a stable relationship and have one child. The partner has custody of her first child from a previous […]

Family life