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


Published: 15/05/2018


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