Published on 8 April 2024
THIRD SECTION
Application no. 38648/22
M.A.
against Greece
lodged on 3 August 2022
communicated on 19 March 2024
SUBJECT MATTER OF THE CASE
The application concerns non-enforcement of court decisions setting the contact schedule between the applicant and his children. Following the couple’s separation, the parents shared parental responsibility, the mother had custody of the children (except for matters related to health and education for which the two parents shared custody), and the applicant was granted contact rights. According to the applicant, the mother alienated the children from him and did not respect the contact schedule set by the court decisions, nor did she comply with prosecutorial orders concerning the pedopsychiatric evaluation of the children. His relevant criminal complaints have not yet been heard by the domestic courts.
The applicant complains under Articles 8 and 13 of the Convention that the authorities were not sufficiently active to help him restore his relationship with his children, even though he made several requests to that effect to various authorities and in blatant disregard of the decisions of the domestic courts.
QUESTIONS TO THE PARTIES
Has there been a violation of the applicant’s right to respect for his family life, as guaranteed by Article 8 of the Convention?
In particular, have the domestic authorities provided sufficient assistance to the applicant for the enforcement of the domestic decisions granting him contact rights with his children (decisions nos. 1060/2016, 1949/2018 and 8052/2020 of the Athens one-member First-Instance Court and no. 5248/2021 of the one-member Athens Court of Appeal)?