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(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.
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