Parental Kidnapping Case: Hague Convention

Details

Yiannos Georgiades represented a Greek-Cypriot father in his battle to have his three daughters returned to him in Cyprus by relying on the Hague Convention. The mother of the children took them away, without the father’s consent, to her home country of Sweden. The father then took legal action to have the children returned to their ordinary place of residence, Cyprus. The Swedish Courts concluded that this was in fact kidnapping, by relying upon the Hague Convention, which has been adopted in Cyprus and refers to the international cross-border kidnapping of children and they also relied upon the case law. As the case concerned parental care, it was an issue that should be governed by the Courts of Cyprus. In the Swedish Courts, the mother’s lawyer claimed that if the children were returned to their father, they would suffer physical and psychological distress. Witnesses from Cyprus gave evidence via telephone call conferencing. This evidence, along with Georgiades’ submissions, played an important role in achieving the result whereby the children were returned to their father in Cyprus and today, they reside in Cyprus in their father’s custody

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