Article 8 (Family life) - Return of a child to his father in Japan ordered by the French courts under the Hague Convention - Existence of an adversarial and fair procedure
Contents for term
Article 8 (Family life) - Return of a child to his father in Japan ordered by the French courts under the Hague Convention - Existence of an adversarial and fair procedure
Illicit removal of a child habitually resident in Argentina, relocated by the taking parent to Paraguay without the father's consent - Violation of the duty of due diligence for failing to locate for nine years a child regularly attending school and receiving public health care - Violation of the right to personal integrity for putting the applicant in a permanent state of anguish - Violation of the obligation to respect the rights and freedoms without any discrimination
Dissenting / Concurring: Pérez Manrique, Ferrer Mac-Gregor Poisot, Mudrovitsch / Sierra Porto, Hernándz López, Pérez Goldberg
Article 8 (Family life) - Domestic courts’ order for return of child from Cyprus to the USA under the Hague Convention following removal by its mother, the applicant - No violation
Article 8 (Positive obligations/Family life) - Reasoned decision enforcing return order of applicant’s child to the USA under the Hague Convention in compliance with Article 8 procedural requirements and with child’s best interests being primary consideration
Article 8 (Family life) - Return of a child to Thailand ordered by the Swiss courts in the context of international child abduction proceedings - Appropriate steps by the competent authorities to guarantee the safety of the child
Article 8 (Respect for family life) - Political interventions and procedural vagaries to impede court-ordered return of child unlawfully retained by other parent on respondent State’s territory
The husband initiated proceedings under the Hague Convention for the minor’s return to Norway and obtained an order from the Latvian courts - The applicant claimed this decision violated their right to family life and was made through a flawed procedure - Violation of Article 6 with respect to the right to adversarial proceedings and equality of arms
Article 8 (Respect for family life) - Refusal to order child’s return pursuant to Hague Convention in view of abducting mother’s unwillingness to return with child
Article 8 - This case concerned proceedings in Georgia for the return of the applicant’s son, born in 2004, to Ukraine
Article 8 - The applicant’s inability to secure the return to Switzerland of his children, who had been taken to France by their mother
Article 8 (Respect for family life) - Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently
The procedure for the return of the first applicant, the daughter of the second applicant, to her country of habitual residence, Cyprus - There would be a violation of Article 8 if the decision ordering the child’s return to Cyprus were to be enforced
Dissenting / Concurring: Elisabeth Steiner, Linos-Alexandre Sicilianos
Article 8 (Family life) - Opinion of 11 year old child not taken into account in return proceedings under Hague Convention - No violation
Article 8 (Respect for family life) - Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case
Article 8 (Respect for family life) - Lack of participation of a parent in proceedings concerning the return of his child under the Hague Convention
Article 8 (Respect for family life) - Failure to execute a judgment confirming an order to return underage children to their mother in the United Kingdom
Dissenting / Concurring: Paul Lemmens/Angelika Nußberger
Article 8 (Family life) - Failure to conduct detailed examination of all relevant points when deciding whether to return a child pursuant to Hague Convention
Dissenting / Concurring: Nicolas Bratza, Nina Vajić, Khanlar Hajiyev, Ján Šikuta, Päivi Hirvelä, George Nicolaou, Guido Raimondi, Angelika Nußberger
Continuing failure to provide information concerning fate of newborn baby in hospital care - Violation of Article 8 (Positive obligations/Respect for family life)
Lack of diligence by domestic authorities in executing court order granting biological father custody of abducted child - Violation of Article 8
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi