Applicant name | Verhoeven |
Applicant type | Natural person |
Number of applicants | 1 |
Country | France |
Application no. | 19664/20 |
Date | 28/03/2024 |
Judges | Georges Ravarani, président, Lado Chanturia, Carlo Ranzoni, Mārtiņš Mits, Stéphanie Mourou-Vikström, Mattias Guyomar, Kateřina Šimáčková |
Institution | Court |
Type | Judgment |
Outcome Art. 8 | No violation |
Reason | Necessary (rights of others) |
Type of privacy | Relational privacy |
Keywords | Custody |
Facts of the case | The application concerns the decision of the French courts to order the return of the applicant’s son to Japan, under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The applicant complains of a violation of Article 8 of the Convention insofar as it enshrines the right to respect for family life. |
Analysis | An interference with family life provided for by law and meeting a legitimate aim, namely the rigths of others. The decision-making proces was careful and the domestic courts considered all relevant arguments and documents. Judge Mits writes a dissenting opinion, believing there was a violation of Article 8 ECHR due to procedural shortcomings. |
Other Article violation? | – |
Damage awarded | – |
Documents | Judgment |