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

A and Others v. Iceland, ECtHR, 25133/20, 31856/20, 15/11/2022
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2022

Decision depriving parents of custody of their children due to inability to properly care for them and children’s wishes to remain in foster care, within State’s margin of appreciation - No violation

K.K. and Others v. Denmark, ECtHR, 25212/21, 06/12/2022
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2022

Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption

Plazzi v. Switzerland, ECtHR, 44101/18, 08/02/2022
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2022

Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts 

Roth v. Switzerland, ECtHR, 69444/17, 08/02/2022
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2022

Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts -Violation of Article 6.

13217, CSC, 17/05/2021
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2021

Custody of minors, children of unmarried parents, governed by the principle of protection of the best interests of the child - ‘Super-exclusive’ custody of the minor daughter to the father - Mother suffering from the so-called ‘malevolent mother’ syndrome

C-262/21 PPU, CJEU, 02/08/2021

Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Application for return of a child of a young age whose parents have joint custody – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III))

Judge Rapporteur: M. J.–C. Bonichot

X. v. Poland, ECtHR, 20741/10, 16/09/2021
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2021

Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model

Dissenting / Concurring: Wojtyczek

Kopf and Liberda v. Austria, ECtHR, 1598/06, 17/01/2012
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2012

The applicants, a married couple, were foster parents to a boy - After the child's biological mother regained custody, they were denied access and visiting rights, and they complained that the Austrian courts, after three and a half years of proceedings, ruled that granting visitation was no longer in the child's best interests - Violation of Article 8

Diamante and Pelliccioni v. San Marino, ECtHR, 32250/08, 27/09/2011
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2011

This case concerned the procedure for awarding parental authority and custody in respect of a child whose mother was Italian and whose father was a San Marino national - The applicants, the mother and the child, complained in particular about a decision ordering the child to be returned to San Marino to live with her father and to attend school there - No violation

Lyubenova v. Bulgaria, ECtHR, 13786/04, 18/10/2011
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2011

The custody rights of a mother who had temporarily entrusted the child to her parents-in-law - The applicant complained in particular of the refusal of the domestic courts to order her in-laws to return her son to her and argued that the authorities had not taken the necessary steps to facilitate reunion with her minor son - Violation of Article 8

Zaunegger v. Germany, ECtHR, 22028/04, 03/12/2009
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2009

Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody

Dissenting / Concurring: Bertram Schmitt

Palau-Martinez v. France, ECtHR, 64927/01, 16/12/2003
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2003

Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness -  The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion

Dissenting / Concurring: W. Thomassen