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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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RESIDENCE/HUMAN RIGHTS: Kaplan v Austria (Application no 45983/99)
Date:23 JAN 2007

(European Court of Human Rights; 19 January 2007)

The failure of the Austrian court to determine the mothers application for custody of the child for over 5 years, during which time the court had lost jurisdiction as a result of the child moving to Turkey, amounted to a breach of duty under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.