Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

29 AUG 2012

ABDUCTION:Carlson v Switzerland (App No 49492/06)

(European Court of Human Rights, 6 November 2011)

The American father and Swiss mother lived in the USA where their child was born. When the mother took the child to Switzerland to live she petitioned for divorce and sought custody of the child. The father issued Hague Convention proceedings in Switzerland for the return of the child.

The father's application was refused 4 months later on the grounds of consent. The father claimed the proceedings had breached his Art 8, European Convention rights and had been unjustifiably delayed.

The Court of Appeal in Switzerland found proceedings had been unjustifiably delayed beyond the 6-week time limit and the European Court of Human Rights also found a breach of Art 8 and awarded the father damages.

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Subscribe to our newsletters