EIT: Vantaalaismiehen perhe-elämää loukattiin, kun Venäjä ei palauttanut kaapattua lasta Suomeen

18.6.2019 | Oikeusuutiset

Markku Fredman

Vladimir Ushakov v. Russia (application no. 15122/17)

The applicant, Vladimir Nikolayevich Ushakov, is a Russian national who was born in 1977 and lives in Vantaa (Finland).
The case concerned proceedings over international child abduction. While living in Finland, Mr Ushakov married I.K., a Russian national, and together they had a daughter, V., in 2012. Soon after V.’s birth, I.K. suffered two strokes, leaving the applicant to take care of V. The couple’s relationship deteriorated and in June 2013 I.K. went to Russia for treatment. She returned to Finland in August 2013.
After divorce proceedings brought in August 2013, the District Court ruled that the couple should have joint custody of V., who was to reside with the applicant. The Helsinki Court of Appeal and the Supreme Court dismissed appeals by I.K. However, before the Supreme Court’s judgment I.K. took the child to Russia in February 2015 without the applicant’s consent and told him that V. would not be returning.
Mr Ushakov lodged a request for the return of his daughter under the Hague Convention on the Civil Aspects of International Child Abduction. The St. Petersburg City Court ultimately found that V. was not habitually resident in Finland, that her removal from Finland and retention in Russia were not unlawful within the meaning of Article 3 of the Hague Convention and that V.’s medical conditions
fell within the exception to immediate return under Article 13 (b) of the Hague Convention.
Mr Ushakov lodged a cassation appeal but judges at both the City Court and the Supreme Court refused to refer the above judgment for review under the cassation procedure. The applicant complained under Article 8 (right to respect for family life) of the European
Convention on Human Rights about the Russian courts’ refusal of his application for the return of his daughter to Finland.

Violation of Article 8

Just satisfaction: 16,250 euros (EUR) (non-pecuniary damage) and EUR 6,800 (costs and expenses)

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