| Applicant name | X. |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | THE CZECH REPUBLIC |
| Application no. | 64886/19 |
| Date | 30/03/2023 |
| Judges | Síofra O’Leary, President, Arnfinn Bårdsen, Mārtiņš Mits, Stéphanie Mourou-Vikström, Lətif Hüseynov, Ivana Jelić, judges, Pavel Šturma, ad hoc judge, |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | No violation |
| Reason | Fair decision-making process |
| Type of privacy | Relational privacy; procedural privacy |
| Keywords | Custody child |
| Facts of the case | The applicant complained that the Czech courts had ordered the enforcement of the decision to return her daughter to the United States of America, in violation of her right to respect for her family life under Article 8 of the Convention. |
| Analysis | The Court is of the view that the examination by the domestic courts of the claims made by the applicant in the enforcement proceedings satisfied the procedural requirements imposed by Article 8 of the Convention and that the decision to enforce her daughter’s return was sufficiently reasoned. The Court is satisfied that the domestic courts, within their margin of appreciation, struck a fair balance between the competing interests at stake, particularly taking into account that the best interests of the child must be the primary consideration. |
| Other Article violation? | – |
| Damage awarded | – |
| Documents | Judgment |