Brno, May 25 (CTK) – The Czech Constitutional Court (US) decided today in favor of a Czech man who was to return his seven-year-old son to his mother in France according to lower instance courts, arguing that they made procedural mistakes.
Now the lower instance courts will deal again with the case.
Until 2015, the man had a working stint along with his family in France lasting about four years, but then he gained a job in the Czech Republic.
He left along with his son, promising that he would return him. However, this did not happen and the mother now claims him.
The complainant said the woman had succumbed to the influence of an orthodox sect, due to which she may become its hostage in France.
The Brno municipal court and then a regional court decided in favour of the mother.
The boy is still in the Czech Republic.
The US ruled that the man’s complaint was justified.
“The child’s interest is the primary concern. This is inextricably connected with the child’s right not to be moved from one parent and not to be held by the other parent,” judge rapporteur Jiri Zemanek said.
The man argues that according to medical reports, the child suffers from a trauma due to the contact with his mother, which would worsen if he were returned to France.
The man says the orthodox Jewish sect may ban the use of a computer and phone or any other thing that might connect the person in question with the outer world.
The person must not be in contact with anyone not living in the same way as the members of the sect.
The man wants the boy to live in Prague, attend school and have the same life as his peers.
The dispute returns to the Municipal Court in Brno that must take into account the conclusions of medical reports and the complainant’s objections.
The US ruled that the lower instance courts ought to have had an expert report drafted.
It said the immediate return of a child unlawfully taken away from a parent was regulated by a Hague convention, but it includes exceptions that can be applied in this case.
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