Non-execution of children’s decision to reside with their mother. Violation of family life.
JUDGMENT
Muruzheva v. Russia 15.05.2018 (no. 62526/15)
SUMMARY
Right to family life. Non-compliance with a decision where the children were to stay with their mother. Infringement of Article 8 (right to respect for private and family life).
PROVISION
Article 8
PRINCIPAL FACTS
The applicant, Leyla Muruzheva, is a Russian national who was born in 1985 and lives in Moscow.
The case concerned Ms Muruzheva’s attempts to enforce a court order that her children should live
with her rather than her former husband.
Ms Muruzheva separated from her husband in January 2014 and he took their two children, without
her knowledge, to Ingushetiya to live with his parents, himself returning to Moscow. In June 2014
the Izamylovskiy District Court of Moscow granted Ms Muruzheva a residence order in respect of the
two children.
Bailiffs in both Ingushetiya and Moscow were involved in trying to enforce the order for the return
of the children to the applicant, in particular by visiting their place of residence in Ingushetiya,
restricting the husband’s movements, visiting the husband at his apartment in Moscow and by
imposing fines on him for failure to fulfil the court’s residence order. The judgment has remained
unenforced to date.
Ms Muruzheva complained about the failure to fulfil the court order under Article 8 (right to respect
for private and family life).
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: EUR 12,500 (non-pecuniary damage) and EUR 3,000 (costs and expenses)(echrcaselaw.com editing).
