Married couples

Recommendation and a strict police warning to the husband not to approach and harass his wife, without sufficient evidence. Invasion of privacy

JUDGMENT Germano v. Italy  22.06.2023 (app. no. 10794/12) see here SUMMARY The case concerned a police caution (ammonimento) issued against Mr Germano at his wife’s request in 2009 after she had left him and when she complained that he was harassing and intimidating her. The caution warned the applicant to obey the law and not […]

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Excessive length of proceedings regarding contact arrangements between father and his child. Conviction by the ECHR

JUDGMENT OMELCHENKO v. UKRAINE 23.03.2023 (app. no. 44158/19) see here SUMMARY Excessive length of proceedings regarding contact arrangements between the applicants and the second applicant’s travel abroad, and the alleged absence of an effective remedy in this regard. The applicants are father and son. On 4 November 2013 the first applicant initiated proceedings against O., […]

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οικογένεια

Restriction on remand prisoner’s family visits with wife and daughter, in order not to obstruct the criminal investigation! Violation of respect for family life

JUDGMENT DELTUVA v. LITHUANIA 21.03.2023 (app. no. 38144/20) see here  SUMMARY Restrictions on prisoner’s personal and family life. Protection of family life. The applicant was remanded in custody on suspicion of drug trafficking. During the first nine months of his detention, he was allowed to see his wife and ten-year-old daughter only once. Domestic authorities […]

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Unreasonable delays in the execution of a court decision for contact between father and daughter. Violation of respect for family life

JUDGEMENT HORVATOVICH v. HUNGARY 09.03.2023 (app. no. 12141/16) see here SUMMARY Failure of the Hungarian authorities to enforce decisions in relation to his contact rights with his daughter. The applicant’s marriage with A. was dissolved and the national courts approved the parties’ agreement about custody rights concerning the couple’s daughter, B. The Budapest Guardianship Authority” […]

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Non-refundable stamp duty for judicial distribution of real estate.

JUDGMENT STOENESCU v. ROMANIA 28.02.2023 (app. no. 14166/19) see here SUMMARY Domestic courts’ dismissal of applicant’s claim for reimbursement of and/or exemption from further payment of court fees in respect of action dismissed before trial after out-of-court settlement. On 9 April 2012 the applicant and M.S. divorced, after several years of marriage. The applicant brought […]

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The written observations of courts and parties must be communicated to the party that concerns him, even if they did not cause him any damage!

JUDGMENT JANÁČEK v. THE CZECH REPUBLIC 02.02.2023 (app. no. 9634/17) see here  SUMMARY Constitutional Court’s failure to communicate written observations of the general courts resulting in applicant’s inability to comment on them. On 17 December 2013 the Zlín District Court ruled on the division of the matrimonial property of the applicant and his former wife. […]

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Courts are required to expeditiously examine child custody cases. Issuing of a decision after 7 months. Violation of Article 8 of the ECHR

JUDGMENT Μ.Η. v. Poland 01.12.2022 (app. no. 73247/14) see here SUMMARY Children’s custody. Family life. Obligation of national courts to act with speed and diligence. The applicant claimed legal custody of her daughter when her husband moved out of their family home, without her knowledge and without her consent, together with their child. The initial divorce […]

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Multiple lawsuits by wife for domestic violence and menacing from her husband. Conduct of the trial 10 years after the commission of the act, resulting in the statute of limitations for the offences. Condemnation of Italy for degrading treatment

JUDGMENT M.S. v. Italy  07.07.2022 ( app. no.  32715/19) see here SUMMARY The case concerned the domestic violence to which the applicant was subjected by her husband. The applicant complained, in particular, that the respondent State had failed to protect and assist her. She also alleged that the authorities had not acted with the requisite […]

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Recognition of paternity by the national courts despite the father’s desire to do so extrajudicially before a notary! Violation of respect for family life and prohibition of discrimination

JUDGMENT Paparrigopoulos v. Greece 30.06.2022  (app. no. 61657/16) see here SUMMARY The case concerned proceedings for the judicial determination of paternity of the applicant’s daughter. The applicant complained in particular that domestic law had not afforded him the opportunity to acknowledge paternity voluntarily and that this had had the consequence of limiting his parental responsibility […]

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