Late reunion between mother and daughter, despite contradictory court decisions
JUDGMENT
Oller Kamińska v. Poland18.01.2018 (no. 28481/12)
SUMMARY
Delay of mother and daughter reunification for three years. Domestic courts have failed to return the daughter to the mother immediately despite the existence of two positive judgments. Infringement of Article 8 (right to respect for family life) of the ECHR.
PROVISION
Article 8
PRINCIPAL FACTS
The applicant, Anita Oller Kamińska, is a Polish national who was born in 1973 and lives in Galway, the Republic of Ireland.
The case concerned her complaint that the domestic courts in Poland had failed promptly to return her daughter to her after the child’s father had taken her away in 2009, despite two Irish court orders in her favour. The applicant eventually took the child back to Ireland in 2012.
Ms Kamińska relied on Article 8 (right to respect for private and family life) of the European Convention.
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: EUR 15,000 euros (non-pecuniary damage) and EUR 10,000 (costs and expenses) (echrcaselaw.com editing).
