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International Family Law

The leading authority on international family law

25 MAY 2012

X v Latvia no.27853/09 [2012] 1 FLR 860

Abduction - mother's rights under ECHR 1950, Articles 6 and 8 - extent of ECtHR power under Convention to review decision taken by national authorities - whether decision-making process leading to the interference with Article 8 rights fair and necessary

13 December 2011

European Court of Human Rights
Josep Casadevall, President, Corneliu Bîrsan, Alvina Gyulumyan, Egbert Myjer, Ineta Ziemele, Luis López Guerra, Kristina Pardalos, judges and Santiago Quesada, Section Registrar

Facts

Child born in Australia. Mother ("M") was Latvian and Father ("F) was Australian. M removed child from Australia to Latvian without F's consent. F sought the return of the child to Australia under the Hague Convention 1980 and also filed an application with the Family Court of Australia for joint parental responsibility of the child. RÄ«ga City Zemgale District Court ordered the return of the child to Australia. M appealed stating she would not return to Australia with the child and relied on a psychologist's report that the child could suffer psychological trauma if separated from her. M also claimed that F had previous convictions and had been charged with corruption, allegations which had not been investigated by the lower court. RÄ«ga Regional Court dismissed M's appeal. It held that there was no evidence to substantiate her allegations of mistreatment and pending criminal charges.

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