Córdoba v. Paraguay, IACtHR, Series C No. 505, 4/09/2023

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

X v. the Czech Republic, ECtHR, 64886/19, 30/03/2023
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2023

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

S.N. and M.B.N. v. Switzerland, ECtHR, 12937/20, 23/11/2021
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2021

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

Andersena v. Latvia, ECtHR, 79441/17, 19/09/2019
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2019

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

Phostira Efthymiou and Ribeiro Fernandes v. Portugal, ECtHR, 66775/11, 05/02/2015
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2015

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

Hromadka and Hromadkova v. Russia, ECtHR, 22909/10, 11/12/2014
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2014

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

Raw and Others v. France, ECtHR, 10131/11, 07/03/2013
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2013

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

X v. Latvia, ECtHR, 27853/09, 26/11/2013 [GC]
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2013

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

Gelman v. Uruguay, IACtHR, Series C No. 221, 24/02/2011
COURT: 
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2011

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