Communicated on 1 February 2019
SECOND SECTION
Application no. 73890/16
Marius BODNARIU and others
against Norway
lodged on 1 December 2016
SUBJECT MATTER OF THE CASE
The application concerns a family in which the children were placed in emergency foster care on grounds of suspicion that the parents were violent against them. In the course of further proceedings on possible foster care for the children, their parents and the child welfare services entered into an agreement according to which the children were to be returned to the parents while the parents undertook obligations in respect of the child welfare services’ remaining concerns. The children were then returned.
The applicants complain of violations of their right to a family life as a result of the domestic authorities’ decision to place their children in emergency foster care.
QUESTIONS tO THE PARTIES
1. Have the applicants exhausted all domestic remedies in respect of their grievances under Article 8 of the Convention, as required by Article 35 § 1?
In particular: could the applicants turn to the ordinary courts seeking compensation for the alleged violation? Could they file for a declaratory judgment? (See, mutatis mutandis, for example, I.F. v. Norway and I.F.F. v. Norway (dec.), nos. 62363/16 and 62803/16, 5 June 2018.)
2. If domestic remedies have been exhausted, has there been a violation of the applicants’ right to respect for family life under Article 8 of the Convention?
Full & Egal Universal Law Academy