In the case, the applicant successfully complained that the refusal of the St. Petersburg City Court in an application for compulsory execution of the decision of the District Court of Florence, temporarily determining the place of residence of children after the dissolution of marriage, violated his right to family life. The violation of the requirements of Article 8 of the Convention for the Protection of Human Rights was committed in the case.
In 2013, the applicant was assisted in preparing the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.
In his complaint, the applicant, who is a US citizen, complained that the refusal of the St. Petersburg City Court in an application for compulsory execution of the decision of the District Court of Florence, temporarily determining the residence of children after the dissolution of the marriage with him, violated his right to family life, taking into account the fact that the children were taken from Italy to the Russian Federation by their mother. The applicant also complained that the proceedings in that case were not fair, since he was not notified of the date of his appeal.
On 18 July 2017, on a complaint lodged by the applicant, the Court unanimously held that in this case the Government violated the requirement of Article 8 of the Convention (the right to respect for private and family life) without violating the requirements of Article 6 of the Convention (the right to a fair trial ) and ordered the respondent State to pay the applicant EUR 12,500 in respect of non-pecuniary damage.
The ECHR judgment of July 18, 2017 in the case of McIlwrath v. Russia (аpplication No. 60393/13).