LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
(European Court of Human Rights; 26 October 2010)
An Israeli/Dutch father and Romanian a mother had two children in Israel. The father agreed that the mother would take the children to Romania for six months. The mother informed the father after a month that they would not be returning. The father issued Hague proceedings. At first instance the Romanian Court ordered summary return. This was overturned on appeal on the basis in part that the Court found that there was a parental agreement that the children would come to Romania until father's financial position improved, and in part that the children would be at grave risk of harm if returned. The father issued human rights proceedings on behalf of himself and the two children, alleging breaches of Article 8.
The Court restated the principles set out in Neulinger. The Romanian Appeal Court had found as fact that the father had consented to the removal until his financial situation had improved. It also made findings of potential of grave harm if the children were returned combined with the well-being of their in Romania. The child's best interests should be paramount. There was no clear evidence of arbitrariness.
Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.
They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.
Covers the law, practice and procedure in respect of FGM and also includes wider contextual...