RAW AND OTHERS v. FRANCE - 10131/11 - HEJUD (French text) [2013] ECHR 199 (07 March 2013)

RAW AND OTHERS v. FRANCE - 10131/11 - HEJUD (French text) [2013] ECHR 199 (07 March 2013)

French authorities failed to take all reasonable measures to ensure the return of the children to their habitual residence, as required by international and domestic law. The refusal to use force or prosecute the father, combined with delays and inadequate preparation for reunification, constituted a violation of...

Source-derived case information.

Citation
[2013] ECHR 199
Parties
Applicant: Samantha Raw; Applicant: D.; Applicant: A.; Applicant: C.; Respondent: Government of France
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 ECHR found against France
Legal Topics
Child Abduction, Parental Authority, Right to Family Life, Execution of Judgments
Human Rights Family Law International Law Child Abduction Parental Authority Right to Family Life Execution of Judgments

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Parties

Samantha Raw

Applicant

D.

Applicant

A.

Applicant

C.

Applicant

Government of France

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether French authorities violated Article 8 of the European Convention on Human Rights by failing to ensure the return of children to their habitual residence in the UK
  2. 2 Whether the measures taken by French authorities were adequate and timely under the Hague Convention and Brussels II bis Regulation

Ratio Decidendi

French authorities failed to take all reasonable measures to ensure the return of the children to their habitual residence, as required by international and domestic law. The refusal to use force or prosecute the father, combined with delays and inadequate preparation for reunification, constituted a violation of Article 8 ECHR. The best interests of the children and the need for prompt action were not sufficiently prioritized.

Court Disposition

Violation of Article 8 ECHR found against France

Orders

  • France is ordered to pay compensation to the applicants
  • France must take appropriate measures to facilitate reunification and execution of judgments