LEY 27853 PDF

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There had 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. On 17 July the mother left Australia with the child and returned to Latvia without the father’s consent. The Court stated that 227853 to its case-law the expression “in accordance with the law” required that 2785 “impugned measure should have some basis in domestic law and that the law in question should be accessible to the person concerned – who must moreover be able to foresee its consequences for him or her – and compatible with the rule of law”.

She was locked in, beaten by the father, raped and threatened. Fue encerrada, golpeada por el padre, violada y amenazada.

The Court noted that such an interference would constitute a violation of Article 8 2 unless the measure was adopted “in accordance with the law”, pursued a legitimate aim in the light of Article 8 2 and could be regarded as “necessary in a democratic society”. The lower court had also not enquired into the measures which would guarantee the child’s safety on being returned to Australia. 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.

Switzerlandlsy are examples of a less strict approach being followed. The mother applied to suspend the return order for six to twelve months. For examples of the initial approach, see: Download full text EN. United Kingdom – England and Wales C.

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Maumousseau and Washington v. Grave Risk of Harm.

The Latvian courts should at least have considered whether the mother could have accompanied the child to Australia and maintained contact. Director General, Department of Families v. They added that “it is not the job of this Court to take the place of the competent authorities in determining whether a decision concerning a child’s residence would expose him to psychological harm ibid. The Court considered the mother’s allegations under Article 8 of the ECHR which protected her right to respect for family life.


Neither would the interference be necessary where the domestic courts had failed to leyy an in-depth examination of the entire family situation and of a whole series of factors, especially those of a factual, emotional, psychological, material and medical nature, and reasonable assessment of the respective interests of each person, with a constant concern for determining what the best solution would be for the abducted child in the context of an application for his return to his country of origin.

The Court noted the arguments of the Latvian Government ldy by the decision of the Family Court of Australia the father’s parental responsibility had only been confirmed and not established, as alleged by the mother.

Peter McEleavy, avril Peter McEleavy, abril de Peter McEleavy, April 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.

France In French case law, a permissive approach to Article 13 1 b has been replaced with a much more restrictive interpretation.

They held that “the reasoning of the Latvian courts, based on a direct examination of the facts of the case, cannot be considered insufficient or unsatisfactory merely because the majority has a different opinion as to what should have been the relative weight and importance of the different factors comprising the Latvian courts’ conclusions”. The mother did not appeal this ruling. Authorities Cases referred to.

In the light of these arguments, the Court assumed that the return order of 19 November had a legal basis and was intended to protect the rights of the father and child, which was a legitimate aim within the meaning of Article 8 2 of the ECHR. France, AB, 12 E. The Court further stated that the 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 concluded that the Latvian courts’ approach to making the return order lacked an in-depth leu of the entire family situation and of a whole series of factors, thereby rendering the interference disproportionate within the meaning of Article 8.

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 27835 the consequences of his actions. She argued that the courts had erred in interpreting and applying the Hague Convention. The mother continued to live in the father’s apartment as a tenant.


He lwy the child and drove to Tallinn, Estonia in order to travel back to Australia. It may be noted, however, that a return order was nevertheless still made. In the context of a primary-carer taking parent refusing to return to the child’s State of habitual residence see: Some of these 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: However, it equally affirmed that if the child lej to stay in Poland it would not be in her interests to be deprived of the care pey her father.

Following the judgment of the High Court of Australia the highest court in the Australian judicial system in the joint appeals DP v. 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 is made, is a controversial one.

The mother was genuinely in a state of fear and could not be ,ey to return to Israel. HC article s Considered. Commonwealth Central Authority ; J. El 6 de noviembre, el Tribunal de Familia de Australia dispuso que la responsabilidad parental de los padres para con la menor era compartida.