The Bitter Price of Being an Inactive Parent: Lyapin v. Russia

By Nadia Rusinova, attorney-at-law and lecturer in International private law at the Hague University

On 30 June 2020 the European Court of Human Rights (hereinafter: The Court) delivered its judgment on the case Ilya Lyapin v. Russia. The case addresses the divestment of parental rights from a biological father due to his inaction in exercising his parental responsibilities. This inaction led to a voluntary and prolonged separation from the child, already well integrated into mother’s new family from an early age, and subsequently served as a main reason for the domestic court to fully deprive the father from his parental rights and duties. What is striking – and will be discussed in this post – is the obvious and already acknowledged inflexibility of the Russian laws, the lack of proportionality when taking such drastic measures, and the inconsistent conclusion of the Court that the mere passive behaviour of the father appears to be enough to strip him of all his parental authority and to pose absolute restrictions in the restoration of contact with his son. Continue reading