Judgment 8361/21

Applicant type natural person
Number of applicants 1
Application no. 8361/21
Date 21/03/2023
Judges Gabriele Kucsko-Stadlmayer, President,
 Tim Eicke,
 Faris Vehabović,
 Iulia Antoanella Motoc,
 Branko Lubarda,
 Armen Harutyunyan,
 Anja Seibert-Fohr
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Fair balance struck
Type of privacy Relational privacy
Keywords Custody
Facts of the case The application concerns the domestic courts’ refusal to allow the applicant’s request for permission to move her and her child’s residence to Canada, where she argued she would be able to offer him better living conditions and better access to education. The applicant invoked Article 8 of the Convention, which safeguards the right to respect for family life.
Analysis the Court concludes that when refusing the request to allow the applicant to move to Canada with her son, the domestic courts struck a fair balance between the competing interests at stake, giving due weight to the best interests of the child, which they had duly identified and assessed, and they provided relevant and sufficient reasons for their decisions.
Other Article violation?
Damage awarded
Documents Judgment