Information Note on the Court’s case-law 120
June 2009
Neulinger and Shuruk v. Switzerland (referral) - 41615/07
Judgment 8.1.2009 [Section I]
Article 8
Article 8-1
Respect for family life
Respect for private life
Order for child whom mother had abducted with a view to settling in Switzerland to be returned to Israel: case referred to the Grand Chamber
The first applicant settled in Israel, where she got married, and the couple had a son. In response to fears that the child (the second applicant) might be taken abroad by his father to live in a community where he would be brought up according to the father’s religious beliefs, the family court issued an order prohibiting the boy’s removal from Israel until he attained his majority. Provisional custody of the child was granted to the first applicant and both parents were to exercise the parental rights jointly. The father’s right of access was subsequently restricted as a result of his aggressive behaviour. The couple’s divorce was granted a
