Family Law Hub

Magomadova v Russia [2018] ECHR 308

In brief: The mother (“M”) had applied for a residence order for her son in February 2014 after the father (“F”) took the child to Chechnya. Based mainly on a positive report on the father by the local childcare authority, the district court dismissed M’s residence order application and granted one in favour of F, although he had not requested it. M’s subsequent appeals were unsuccessful. It was then revealed that the report prepared by the childcare authority included incorrect and incomplete information. Following F’s death in 2014, the child was returned to M in 2016. The ECtHR found that the domestic courts’ examination of the family’s circumstances had not been thorough enough, which had not allowed the best interests of the child to be established. Overall, there had been a violation of M’s rights under Article 8.

Judgment, published: 15/05/2018

Topics


Published: 15/05/2018

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item