The City Court of Brno, Czech Republic, has issued a ruling in an international child abduction case that has become an important precedent. Despite the fact that the abduction of a minor was recognised, the court refused to return the child to Ukraine, citing his best interests, Law and Business reports.
The case was initiated after the father left the child in the Czech Republic after the summer holidays, violating the agreement with the mother, who lives in Kyiv. The mother filed a lawsuit demanding that the child be returned to her place of permanent residence, arguing that Kyiv had all the necessary conditions for the child’s development and education.
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At the same time, the father argued that the return of the child in a time of war could pose a significant risk to his physical and psychological well-being. He presented evidence that included a psychologist’s report on possible trauma, certificates from educational and medical institutions in the Czech Republic, and reports of a housing inspection.
The child’s opinion was also taken into account through a hearing with the psychologist. The child expressed a desire to stay in the Czech Republic, as she was frightened by air raid warnings and the general atmosphere of war in Ukraine.
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The court relied on the provisions of the Hague Convention on the Civil Aspects of International Child Abduction, which regulates such cases. Although it was confirmed that the child’s habitual residence was Kyiv, the court decided that returning him there would expose him to a significant risk of physical and mental harm due to the war.
Ultimately, the court concluded that the best interests of the child required that he remain in the Czech Republic. In particular, this was based on Article 13(2) of the Hague Convention, which takes into account the child’s wishes and the possible risk to his or her health and safety.
This decision emphasises the importance of an individual approach in resolving such cases and taking into account the special circumstances of each situation.
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