Judgment 10477/21

Applicant name BYČENKO 
Applicant type natural person
Number of applicants 1
Application no. 10477/21
Date 14/02/2023
Judges Arnfinn Bårdsen, President,
 Egidijus Kūris,
 Pauliine Koskelo,
 Saadet Yüksel,
 Frédéric Krenc,
 Diana Sârcu,
 Davor Derenčinović
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Positive obligation
Type of privacy Relational privacy; procedural privacy
Keywords Residence order
Facts of the case The applicant complained about the courts’ refusal to make a residence order in his favour in respect of his son. He relied on Article 6 § 1 and Article 8 of the Convention
AnalysisThe Court finds that in the second proceedings before the Lithuanian courts, the latter carried out an in-depth examination of the entire family situation and their decisions were based on the best interests of the child. Moreover, the applicant was sufficiently involved in those proceedings, and the courts addressed his arguments in duly reasoned decisions. Lastly, at no point did the applicant allege that the domestic authorities had failed to act with the requisite promptness and that the outcome of the case had been de facto determined by the mere passage of time, and the Court has no reason to find otherwise. There has accordingly been no violation of Article 8 of the Convention.
Other Article violation? No Article 6 or 14 ECHR
Damage awarded
Documents Judgment