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International Family Law

The leading authority on international family law

11 JUL 2012

Shaw v Hungary (App no 6457/09)

26 July 2011

Abduction – Article 13(b) harm defence – Whether breach of father’s human rights under ECHR, Article 8

European Court of Human Rights

Facts

Child born October 2000 in France to Irish father (‘F') and Hungarian mother (‘M'). Parents divorced 21 June 2005 and were awarded joint custody. In December 2007, M took the child to Hungary with F's consent. On 5 January 2008, M informed F that she would not be returning to France. F applied in Hungarian courts under the Hague Convention for return of the child to France.

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