Judgment 48280/21

Applicant name LANDINI
Applicant type Natural person
Number of applicants 1
Country Italy
Application no. 48280/21
Date 12/10/2023
Judges Péter Paczolay, président,
 Gilberto Felici,
 Raffaele Sabato
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Decision making process
Type of privacy Relational privacy; procedural privacy
Keywords Access to child
Facts of the case Parents divorse while having a child. Applicant moves from Italy to Autralia, mother and child remain in Italy. Applicant wants co-parenting and regular access to his child, but the Italian courts agree at most to a visit in the summer break, when the child, if he so pleases, can go to Australia. This, the applicant feels, violates his right to privacy.
Analysis The Court notes that since 2019, the applicant has not been able to exercise his access rights, because the courts failed to rule on his request to exercise part of his access rights in Australia, making this decision subject to the agreement of the minor’s mother. However, the Court notes that the motther was opposed to the child going to Australia during the school holidays. Notwithstanding this, the court of appeal, without hearing the child, confirmed the court’s decision and failed to rule. While it accepts that the applicable national law may require the agreement of both parents for a child’s travel abroad, the Court also notes that according to national law, the judge in the event of disagreement can intervene. The Court notes that the formalist approach followed in this case by the court and the court of appeal, in the absence of a real analysis of proportionality of the situation and the interests of the minor, poses a problem in the to the extent that the mother was left free to determine the terms of contact. That is why the Court finds a violation of Article 8 ECHR.
Other Article violation? No
Damage awarded that the respondent State must pay the applicant, within three months, the following sums:
4,023 EUR (four thousand twenty-three euros) plus any amount that may be due on this sum as tax, for material damage;
7,000 EUR (seven thousand euros), plus any amount that may be due on this sum as tax, for non-pecuniary damage;
13,000 EUR (thirteen thousand euros), plus any amount that may be owed on this sum by the applicant as tax, for costs and expenses;
Documents Judgment