Judgment 64886/19

Applicant name X.
Applicant type natural person
Number of applicants 1
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 Šturmaad 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