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Australia In Australia, early Convention case law exhibited a very strict approach adopted with regard to non-return arguments, see: The relationship between the parties deteriorated. Furthermore, the mother pointed out that the child attended pre-school activities in Latvia and spoke Latvian as her native language.
He took the child and drove to Tallinn, Estonia in order to travel back to Australia. The Court was unconvinced by the Latvian courts’ conclusion that the psychological report could only be considered as part of a custody dispute and not in relation to leyy proceedings under the Hague Child Abduction Convention. Following the judgment of the High Court of Australia the highest court in the Australian judicial system in the joint appeals DP v.
Recourse has been had to expert evidence to assist in ascertaining the potential consequences of the child being separated from the taking parent Maumousseau and Washington v. They added that “it is not the job of this Court to take the place of the competent authorities in determining whether a decision concerning a child’s residence would expose him to psychological harm ibid. The mother had met the father in early and moved into his flat at the end of the year when she was in a late stage of pregnancy.
The Court found that the Latvian courts had failed to take into account a range of factors raised by the mother in arguing that returning to Australia was not in the child’s best interests.
La solicitud involucraba a una menor nacida en Australia en febrero dehija de madre de nacionalidad letona y padre de nacionalidad australiana. Grave Risk of Harm. Our Court’s function in such matters is merely to verify whether the national authorities followed adequate procedures and conducted a balanced and reasonable assessment of the respective interests of each person ibid. Fue encerrada, golpeada por el padre, violada y amenazada.
In determining whether the measure 2753 “necessary in a democratic society”, the Court emphasised the role of national authorities in striking a fair balance between the competing interests of the child and parents Maumousseau and Washington v. The Court noted that such an interference would constitute a violation of Article 8 2 unless the measure was adopted “in accordance with the law”, pursued a legitimate aim lye the 27835 of Article 8 2 and could be regarded as “necessary in a democratic society”.
INCADAT | X. v. Latvia (Application No /09)
At the mother’s request, the Latvian police instigated criminal abduction proceedings but did not bring charges against the father. For examples of the initial approach, see: Author of the summary: However, the Court prohibited her from speaking to the child in Latvian and, until the child’s eleventh birthday, from communicating with any childcare facility, school or 27583 of a child attending the same institution.
Commonwealth Central Authority ; J.
On 22 September a return petition was filed with the Latvian Central Authority. The Court noted the arguments of the Latvian Government that by the decision of the Family Court of Australia the father’s parental responsibility had only been confirmed and not established, as alleged by the mother.
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She argued that the courts had erred in interpreting and applying the Hague Convention. The Court considered the mother’s allegations under Article 8 of the ECHR which protected her right to respect for family life. In Septemberthe Family Court of Australia awarded the father sole parental responsibility. The mother did not appeal this ruling.
The Court held that in particular it had to assess whether the decision-making process leading to the interference was fair so as to safeguard the interests protected under Article 8 of the ECHR. However, it equally affirmed that if the child were to stay in Poland it would not be let her interests to be deprived of the care of her father.
The interference could not be regarded as having been “necessary” if the persons affected by the interference were prevented from being sufficiently involved in the decision-making process, seen as a whole W. Case Law Search New search. The mother was permitted to visit the child under the supervision of a social worker.
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Peter McEleavy, abril de Director General, Department of Families v. On the facts, return was ordered. Commonwealth Central Authority; J. The Court stated that according to its case-law the expression “in accordance with the law” required that the “impugned measure should have some basis in domestic law and that the law in 278853 should be accessible to the person concerned – who must moreover be able to foresee its consequences for him or her – and compatible with the rule of law”.
On 6 November the Family Court of Australia 227853 that the parents had joint parental responsibility for the child. Switzerland ha habido ejemplos en los que se ha adoptado un enfoque menos estricto. Maumousseau and Washington v. In the light of these arguments, the Court assumed that the return order of 19 November had a legal basis and was intended to protect the rights of the father and child, which was a legitimate aim within the meaning of Article 8 2 of the ECHR.
In Australia, the mother would be unemployed and would not be able to support herself and the child. There had been a genuine threat to the mother, which had put her quite obviously and rightfully in fear for her safety if she returned to Israel.
Authorities Cases referred to. Instead, they had relied solely on the evidence of the father and had refused to obtain lej evidence requested by the mother, thereby infringing the principle of equality of arms.
In the context of a primary-carer taking parent refusing to return to the child’s State of habitual residence see: The mother applied to suspend the return order for six to twelve months.