Judgment 5783/20

Applicant type natural person
Number of applicants 2
Application no. 5783/20
Date 09/03/2023
Judges Carlo Ranzoni, President,
 Mattias Guyomar,
 Mykola Gnatovskyy
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive oblgiation
Type of privacy Relational privacy; procedural privacy
Keywords Access to child
Facts of the case Access to child not possible despite court order
AnalysisAlthough it was promptly established and later confirmed by a psychologist that the second applicant was unwilling to communicate with the first applicant, the authorities took no further measures to assist the child in adapting to her father, from whom, it appears, she had become seriously alienated. The authorities were aware of the fact that the second applicant’s mother was obstructing contact between the applicants. However, the limited coercive measures imposed on her in that connection produced no results.
Other Article violation?
Damage awarded a) that the respondent State is to pay, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 4,500 (four thousand five hundred euros) to the applicants jointly, plus any tax that may be chargeable, in respect of non‑pecuniary damage;
(ii) EUR 1,000 (one thousand euros) to the first applicant, plus any tax that may be chargeable to him, in respect of costs and expenses;
Documents Judgment