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21 February 2012Abduction - Article 13(b) harm defence - Psychological and other medical evidence - Whether breach of father's rights under ECHR, Articles 6 and 8
European Court of Human Rights
Child born 15 February 2006 to Austrian father (‘F') and Romanian mother (‘M'). Parents had joint custody over the child under Austrian law. Parents separated in February 2008. M applied for a temporary injunction to remove F from the family home. Three month injunction granted by the Salzburg District Civil Court on 8 February 2008. In September 2008, M abducted the child to Romania. F commenced proceedings under the Hague Convention for return of the child.
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