The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
RESIDENCE: Gineitiene v Lithuania (Application No 20739/05)
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Aug 5, 2010, 09:25 AM
Article ID :91273
(European Court of Human Rights; 27 July 2010)
The parents were divorced and the father applied for the children to live with him. The court order that the elder child was to live with the father and the younger was to live with the mother. The child protection agency became concerned about the living conditions in the mother's accommodation which she shared with a religious group which she was a member of. The child claimed the mother left her alone during day and she often felt scared. Taking into consideration the wishes of the child and the living conditions, the child protection agency recommended the child lived with the father. The court ordered that both children to live with the father based on the child's expressed wishes. The mother asserted this was discrimination against her religious beliefs.
The mother's human rights claim was dismissed. The Lithuanian court had clearly shown that it considered the interests of the children were paramount. The domestic courts had not attributed any particular weight to the applicant's religious affiliation.
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