CEDH · CASELAW;COMMUNICATEDCASES;ENG — 13 novembre 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase }   Communicated on 13 November 2017   FOURTH SECTION Application no. 24720/17 Levente András KUPÁS against Hungary lodged on 23 March 2017 SUBJECT MATTER OF THE CASE The applicant, a Hungarian-Romanian dual national residing in Basel, Switzerland, complains about the abduction to Budapest, Hungary, of his four-month old child by the mother and the lack of judicial decisions ordering his return. The Hungarian authorities applied Article   13   (a) of the Hague Convention and were satisfied, in a final decision given on 10 January 2017, that the applicant had ‘consented’, for the purposes of the Hague Convention, to the removal of the child. As a result, the applicant – who submitted that he did not consent to the present state of affairs – could not obtain the return of his child, and the only way for him to exercise visitation is to travel regularly from Switzerland to Hungary. The applicant submitted his complaints relying on Articles 6 and 8 of the Convention and Article 5 of Protocol No. 7. QUESTION tO THE PARTIES Has there been a violation of the applicant’s right to respect for family life, contrary to Article 8 of the Convention? In particular, have the authorities observed their positive obligations under Article 8 to ensure that the applicant could properly exercise the right of access to his child?