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HC article s Relied Upon. However, it equally affirmed that if the child were to stay in Poland it would not be in ldy interests to be deprived of the care of her father.
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On appeal, the mother relied on a psychologist’s report which stated that the child could suffer psychological trauma as a result of being separated from her mother. He took the child and drove to Tallinn, Estonia in order to travel back to Australia. The lower court had also not enquired into the measures which would ,ey the child’s safety on being returned to Australia.
On 17 July the mother left Australia with the ,ey and returned to Latvia without the father’s consent. Authorities Cases referred to. Furthermore, the mother pointed out that the child attended pre-school activities in Latvia and spoke Latvian as her native language.
INCADAT | X. v. Latvia (Application No /09)
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. It held that there was no evidence to substantiate her allegations of mistreatment and pending criminal charges.
The Court held that the special bond between mother and baby only made their separation possible in exceptional cases, and this was so even if there were no objective obstacles to the mother’s return to the State of habitual residence. European Court of Human Rights. La solicitud involucraba a una menor nacida en Australia en febrero dehija de madre de nacionalidad letona y padre de nacionalidad australiana.
The issue of how to respond when a taking parent who is a primary carer threatens not to accompany a child back to the State of habitual residence if a return order key made, is a controversial one. There leh been a genuine threat to the mother, which had put her quite obviously and rightfully in fear for her safety if she returned to Israel.
REGLAMENTO DE LA LEY DE TRABAJO DE LA OBSTETRIZ by maria pumajulca on Prezi
Recourse has been had to expert evidence to assist in ascertaining the potential consequences of the child being separated from the taking parent Maumousseau and Washington v. Following the judgment of the High Court of Australia the highest court in the Australian judicial system in the joint appeals DP v. The mother had met the father in early and moved into his flat at the end of the year when she was in a late stage of pregnancy.
At the mother’s request, the Latvian police instigated criminal abduction proceedings but did not bring charges against the father.
The relationship between the parties deteriorated. Some of 28753 cases have considered arguments relevant to the issue of grave risk of harm, including where an abductor has indicated an unwillingness to accompany the returning child, see: Download full text EN.
The two dissenting judges noted, however, that the danger referred to in Article 13 should not consist only of the separation of the child from the taking parent. On 22 September a return petition was filed with the Latvian Central Authority. In Septemberthe Family Court of Australia awarded the father sole parental responsibility. Fue encerrada, golpeada por el padre, violada y amenazada. The Court was unconvinced by the Latvian courts’ conclusion lley 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.
Switzerlandthere are examples of a less strict approach being followed. The Court stated that according to its case-law the expression “in accordance with the law” required that the “impugned lley should have some basis in domestic law and that the law in question should be accessible to the person concerned 278553 who must moreover be able to foresee its consequences for him or her – and compatible with leey rule of law”.
United Kingdom – England and Wales C. She was locked in, beaten by the father, raped and threatened. The latter ruling had emphasised the best interests of the individual abducted child in the context of an application for return and the ascertainment of whether the domestic courts had conducted an in-depth examination of the entire family situation as well as a balanced and reasonable assessment of the respective interests of each person, see: She argued that the courts had erred in interpreting and applying the Hague Convention.
France In French case law, a permissive approach to Article 13 1 b has been replaced with a much more restrictive interpretation. Director General, Department of Families v.
For these reasons, the Court concluded that it could not be assumed that ordering the return of the child would place her in an intolerable situation. In the context of a primary-carer taking parent refusing to return to the child’s State of habitual residence see: It would be wholly inappropriate to send the child back without his mother to a father who had been buying and selling women and running a prostitution business.
She argued that in law and in practice she had been the child’s sole guardian prior to their departure from Australia and alleged that the father had mistreated them. Switzerland ha habido ejemplos en los que se ha adoptado un enfoque menos estricto. 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 the child to psychological harm.
The Latvian courts should at least have considered whether the mother could have accompanied the child to Australia and maintained contact. For examples of the initial approach, see: The Court added that a taking parent’s fear of being held criminally liable was not an objective obstacle to return, as the taking parent should have been aware of the consequences of his actions.
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Commonwealth Central Authority ; J. The mother was taken to Israel on false pretences, sold to the Russian Mafia and re-sold to the father who forced her into prostitution. On the facts, return was ordered.
He executed the return 28753 himself. In March27835 father went to Latvia in an attempt to see the child. 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. 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.