Published on 27 September 2021

FIFTH SECTION

Application no. 12498/21 Carlos Eduardo SOTO TREVINO against Ukraine lodged on 2 March 2021 communicated on 9 September 2021

SUBJECT MATTER OF THE CASE

The application concerns a dispute under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention). In January 2019 the applicant requested the Ukrainian authorities to ensure the return of his minor daughter to Mexico. The proceedings are still pending before the Ukrainian courts.

During the examination of the applicant’s claim for return of his daughter, on 1 July 2019 the local court issued an interim measure obliging the child’s mother to allow the applicant to see and communicate with the child on a regular basis in Ukraine. That court ruling came into effect on 19 November 2019 (when the appellate court upheld it with a modification), but allegedly it was not complied with.

The applicant complains that the interim measure was never enforced by the domestic authorities and that the overall length of the Hague Convention proceedings has been excessive.

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicant’s right to respect for his private and family life under Article 8 of the Convention on account of his allegation that the respondent State has failed to deal promptly with his claim for the return of his minor daughter to Mexico? Did the domestic courts comply with the requirement of speediness inherent in the proceedings under the Hague Convention on the Civil Aspects of International Child Abduction?

2. With regard to the applicant’s allegations regarding non-enforcement of the court ruling of 1 July 2019 (as amended by the appellate court on 19 November 2019), has there been a violation of the applicant’s right to respect for private and family life, contrary to Article 8 of the Convention?