Published on 28 February 2022

THIRD SECTION

Application no. 56876/21 Simone POLVERINI against Russia lodged on 3 November 2021 communicated on 7 February 2022

SUBJECT MATTER OF THE CASE

The applicant, an Italian national, complains under Article 8 of the Convention about the decision of the Russian courts to refuse his request for the return of his minor son to the place of his habitual residence in Italy following his unlawful retention in Russia by his mother, under the Hague Convention on the Civil Aspects of International Child Abduction.

The Russian courts applied, in particular, Article 13 (a) of the Hague Convention and were satisfied, in a final decision given on 5 May 2021, that the applicant had given his acquiescence to the child’s removal to and retention in Russia.

QUESTION TO THE PARTIES

Did the respondent State comply with its positive obligations under Article 8 of the Convention to secure the applicant’s right to respect for his family life, which included taking measures under the Hague Convention on the Civil Aspects of International Child Abduction with a view to ensuring his prompt reunification with his son?

In particular, was the domestic courts’ interpretation and application of the provisions of the 1980 Hague Convention on the Civil Aspects of International Child Abduction consistent with the meaning of the Hague Convention, which follows from the text itself, its Explanatory Report, and recognised common practice (see Kupás v. Hungary , no. 24720/17, §§ 43-62, 28 October 2021; Thompson v. Russia , no. 36048/17, §§ 54-74, 30 March 2021; and Vladimir Ushakov v. Russia , no. 15122/17, §§ 84-105, 18 June 2019)?