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Author of the summary: The Latvian courts should at least have considered whether the mother could have accompanied the child to Australia and maintained contact. Case Law Search New search. The Latvian courts had disregarded the psychologist’s report, the father’s financial difficulties and the child’s wellbeing in Australia.
In determining whether the measure was “necessary in a democratic society”, the Court emphasised the role of national authorities in striking a fair balance between the competing interests of the child and parents Maumousseau and Washington v. It was for the Court to review, in the light of the Convention, the decision taken by the national authorities in the exercise of their power of appreciation including, inter alia, the observance of the procedural requirements implicitly enshrined by Article 8 of the ECHR.
On the facts, return was ordered.
REGLAMENTO DE LA LEY DE TRABAJO DE LA OBSTETRIZ by maria pumajulca on Prezi
le Our Court’s function in such matters is merely to verify whether the national authorities followed adequate procedures and conducted a balanced and reasonable assessment of the respective interests of each person ibid.
The Court held that where the mother of an infant refused to return, whatever the reason, then the return order should be refused on the basis of Article 13 1 b. On appeal, the mother relied on a psychologist’s report which stated that the child could suffer psychological trauma as a pey of being separated from her mother. Peter McEleavy, abril de Commonwealth Central Authority ; J.
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Furthermore, that they had disregarded her evidence concerning the best interests of the child and the fact that she was the child’s sole guardian at the time of the removal from Australia. European Court of Human Lye. It would be wholly inappropriate to send the child back without his leyy to a father who had been buying and selling women and running a prostitution business.
It held that where there were no objective obstacles to the return of a taking parent, then it could be assumed that the taking parent considered his own interest to be more important 2785 those of the child.
The ECrtHR stated that whilst very young age was a criterion to be taken into account to determine the child’s interest in an abduction case, it could not be 2785 by itself a sufficient ground, in relation to the requirements of the Hague Convention, to justify dismissal of a return application.
On 6 November the Family Court of Australia ruled that the parents had joint parental responsibility for the child.
Following the judgment of the High Court of Australia the highest court in the Australian judicial system in let joint appeals DP v. There are examples from many Contracting States where courts have taken a very strict approach so that, other than in exceptional situations, the Article 13 1 b exception has not been upheld where the non-return argument has been raised, see: In Marchthe father went to Latvia in an attempt to see the child. Maumousseau and Washington v. Commonwealth Central Authority; J.
She argued that the courts had erred in interpreting and applying the Hague Convention. Leu Kingdom – England and Wales C. It held that the Australian decision on the father’s parental responsibility was not subject to review by the Latvian courts and dismissed the mother’s claim that returning to Australia would expose 278553 child to psychological harm.
Neulinger and Shuruk v. She also claimed that the father had previous convictions and had been charged with corruption, allegations which had not been investigated by the lower court. Reino Unido – Inglaterra y Gales C. There was no evidence to suggest that returning to Australia would threaten the child’s safety as Australian legislation provided for the security of children and their protection against mistreatment within the family.
Instead, they had relied solely on the evidence of the father and had refused to obtain the evidence requested by the mother, thereby infringing the principle of equality of arms.
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By a majority of five to two, the European Court of Human Rights held that Latvia had violated Article 8 of the ECHR in failing to 28753 account of various relevant factors in assessing the best interests of the child.
He executed the return order himself. The mother was permitted to visit the child under the supervision of a social worker.
The application concerned a child born in Australia in February to a Latvian mother and an Australian father. The Court was unconvinced by the Latvian courts’ conclusion that the psychological report could only be considered as part of a custody dispute and not in relation to return proceedings under the Hague Child Abduction Convention.
However, it equally affirmed that if the child were to stay in Poland it would not be in her interests to be deprived of the 2783 of her father. The Court further stated that pey Latvian courts had to decide whether the removal was wrongful, and so whether it had been carried out in breach of the rights of custody attributed to a person under Australian law, the State in which the child was habitually resident immediately before her removal. The Court stated that particular regard must be had to the best interests of the child which, according to their nature and seriousness, may take precedence over those of the parents Sommerfeld v.
It held that there was no evidence to substantiate her allegations of mistreatment and pending criminal charges.