Children Archives

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.

Article 8
20/11/2019 19:30

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 […]

The violent arrest and beating of her father by the police in front of the eyes of the nine-year-old daughter constitutes inhuman and degrading treatment against the minor!

Article 3
13/11/2019 18:14

JUDGMENT Α. v. Russia 12.11.2019 (no. 37735/09) see here SUMMARY The case concerned the applicant’s allegation that she had been traumatised by witnessing her father’s violent arrest by the police when she was nine years old. The Court found that the applicant’s allegations were credible, but that the authorities’ only response had been to carry […]

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

Article 8
01/11/2019 20:44

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 […]

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

Article 6 - Par. 1
27/10/2019 08:39

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 […]

Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

Article 13
23/10/2019 09:24

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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.

Article 8
13/10/2019 18:31

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 […]

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

Children
20/09/2019 15:16

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 […]

Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

1st P - Article 2
19/09/2019 16:05

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is in economic […]

National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

Article 14
14/08/2019 09:04

JUDGMENT Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

Article 8
09/08/2019 16:52

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

Children