Family life

The deportation of an alien dangerous to the public order and his banning from entering to France. No violation of the right to family life

JUDGMENT Ngumbu Kikoso v. France 25.11.2021 (app. no. 21643/19) see here SUMMARY The case concerned an order for the applicant’s deportation and exclusion from France, imposed in addition to the applicant’s six-month prison sentence for possession and use of falsified administrative documents. The Court found that the domestic courts had been entitled legitimately to consider, […]

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The non-issuance of a residence permit and the deportation of a foreigner did not violate his private and family life! Judicial review of proportionality

JUDGMENT Melouli v. France 25.11.2021 (app. no. 42011/19) see here SUMMARY The case concerned a refusal to grant the applicant a permit to reside in France, together with an order to leave the country. The Court first noted that the Administrative Court and the Administrative Court of Appeal had expressly carried out, under Article 8 […]

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Return of child to Thailand, ordered by Switzerland in international child abduction case, did not violate the Convention

JUDGMENT S.Ν. and Μ.Β.Ν. v. Switzerland 23.11.2021  (app. no. 12937/20) see here SUMMARY The case concerned the return of the daughter (M.B.N.) of the first applicant (S.N.) to Thailand (where the father, a French national, lives) ordered by the Swiss courts in an international child abduction case. The Court found that, in proceedings which had […]

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The right to family life of a father who initially claimed only the custody and contact rights and not the return of his son under the Hague Convention was not violated

JUDGMENT Kupás v. Hungary 28.10.2021 (app. no.  24720/17) see here SUMMARY Best interests of the child in cases of “abduction” by the other parent The Court reiterated the basic fundamental principle that there is a broad consensus – including international law – in all decisions relating to children, that the best interests of the child […]

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Automatic imposition of surname order, paternal followed by maternal, when parents disagree, is discriminatory regarding the mother

JUDGMENT León Madrid v. Spain 26.10.2021 (app. no. 30306/13) see here SUMMARY The case concerned the applicant’s request to reverse the order of the surnames under which her minor daughter (born in 2005) was registered. At the relevant time Spanish law provided that in the event of disagreement between the parents, the child would bear […]

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Ban on life prisoners’ telephone calls. Violation of the private and family life

JUDGMENT Danilevich v. Russia 19.10.2021(app. no. 31469/08) see here SUMMARY The case concerned the applicant being deprived of telephone contact with his relatives, including his young son, whilst serving a life sentence under the strict prison regime. That special prison regime involves, among other things, a complete ban on telephone calls except in emergency situations […]

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The seizure of a building, as an additional penalty to a conviction for organized crime, was not a disproportionate measure. No violation of property rights

JUDGMENT Djordjević v. France 07.10.2021 (app. no. 15572/17) see here SUMMARY The case concerned the confiscation of a building belonging to the applicant, who had been convicted of a repeat offence of criminal conspiracy, in application of an additional penalty allowing property to be confiscated in blanket fashion. The Court noted that the confiscation had […]

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Unreasonable duration of a court dispute for communication and custody of a child that lasted 6 years! Violation of respect for family life

JUDGMENT Anagnostakis and others v. Greece 23.09.2021 (app. no. 46075/16) see here SUMMARY Access rights granted to the applicants, the father and grandparents of the child concerned (who was two years old when the application was lodged), and the length of various sets of proceedings in which the opposing party was the child’s mother. With […]

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Failure of the Cypriot State to locate a missing officer who fell on the battlefield during the Turkish invasion and to inform his relatives for over 26 years! Violation of the right to respect for family and private life

JUDGMENT Vassileiou and others v. Cyprus 31.08.2021 (app. no. 58699/15) see here SUMMARY Effective search for missing persons and the right to life, a positive obligation of the state to inform relatives. The applicants’ husband and father, a reservist officer, who was fighting during the Turkish invasion of northern Cyprus in 1974, have been reported […]

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οικογενειακή ζωή

Judicial decisions on contact rights must be executed quickly. Non-execution of a contact decision for 7 years! Violation of family life!

JUDGMENT R.B. and M. v. Italy 22.04.2021 (app. no. 41382/19) see here SUMMARY Contact Right of parent-child, respect for family life and best interests of the child. The applicants, father and son, were deprived of their right of communication after the separation of the parents. Court rulings recognized the right to communicate and overnight but […]

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