Communicated on 13 February 2018
FOURTH SECTION
Application no. 49450/17
O.C.I. and Others
against Romania
lodged on 23 June 2017
SUBJECT MATTER OF THE CASE
The application concerns an alleged infringement of the applicants’ (mother and minor sons) right to respect for their family life, in so far as a court decision ordered that the children return to their habitual place of residence in Italy where their father lived, in proceedings which, according to the applicants, did not take full account of the grave risk that the return would expose the children to physical or psychological harm as proved by the fact that their father had been violent towards them in the past (exception provided by Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction).
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicants’ right to respect for their family life, contrary to Article 8 of the Convention, in light of the proceeding for the return of the children giving rise to the final decision no. 178 of 30 March 2017, adopted by the Bucharest Court of Appeal in file no. 34969/3/2015 (1319/2016)? In particular have the domestic courts (Bucharest County Court and Bucharest Court of Appeal) taken due account of the evidence brought before them, notably video tapes and psychiatric evaluations, in assessing the risk incurred by the second and third applicant of domestic violence at the hands of their father, if returned to his home in Italy?
2. Have the domestic courts fulfilled their positive obligations under Article 3 of the Convention (see D.M.D. v. Romania, no. 23022/13, §§ 49‑51, 3 October 2017)? In particular, have they taken due account of the risk of domestic abuse encountered by the second and third applicants if returned to their father’s home in Italy?
APPENDIX
O.C.I. is a Romanian national who was born in 1978, lives in Tulcea N.A.R. is an Italian and Romanian national who was born in 2010, lives in Tulcea P.A.R. is an Italian and Romanian national who was born in 2008, lives in Tulcea
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