Communicated on 21 January 2021
Published on 8 February 2021
FOURTH SECTION
Application no. 39398/20
Mariana-Dana CIOCÎRLAN
against Romania
lodged on 7 August 2020
SUBJECT MATTER OF THE CASE
The application concerns an alleged infringement of the applicant’s right to respect for her family life, in so far as a court decision ordered that her children return to their habitual place of residence in the Netherlands where their father lived, in proceedings which, according to the applicant, did not take full account of the grave risk of psychological harm that they incurred at the hands of their father who had been violent towards her in their presence and who, according to the applicant, is currently forbidding any contact between her and the children (exception provided by Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction and Article 11 § 4 of the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). When ordering the return, the Bucharest Court of Appeal noted that the father had admitted having occasionally been violent to his wife (the applicant), but also noted that no evidence had been submitted to show that the children themselves had ever been subjected to abuse. It also considered that the Dutch authorities would be able to protect the children in case of threat, as they were already investigating the family’s situation after the children had told in school that the father had been violent with the applicant.
QUESTIONS TO THE PARTIES
Has there been a violation of the applicant’s right to respect for her family life, contrary to Article 8 of the Convention, in light of the proceedings for the return of the children which gave rise to the final decision no. 73 of 24 February 2020, adopted by the Bucharest Court of Appeal in file no. 18488/3/2019 (3668/2019)?
In particular has the Bucharest Court of Appeal taken due account of the evidence brought before it concerning the allegations of domestic abuse and has it assessed that evidence in the light of the best interests of the children, as intended by Article 8 of the Convention (see X v. Latvia [GC], no. 27853/09, §§ 106-07, ECHR 2013)? In particular, was it sufficient for that court to rely on the consideration that the Dutch authorities would be able to protect the children in case of threat?
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