- Judgment date: 2023-05-09
- Communication date: 2020-08-24
- Application number(s): 28383/20
- Country: BGR
- Relevant ECHR article(s): 8, 8-1
Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life)
- Result: Violation SEE FINAL JUDGMENT
- Probability: 0.841266
- Prediction: No violation
Communication text used for prediction
The first applicant is the mother of the second and the third applicants, aged fourteen and seven, respectively.
The application concerns the alleged failure of the Bulgarian authorities to comply with their positive obligations under Article 8 of the Convention to ensure the prompt reunion of the children with their mother.
In particular, on 24 April 2020, the Bulgarian Supreme Court of Cassation suspended the enforcement of a final judicial decision of 30 December 2019, ordering the return of the children to their mother in the context of proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.
That suspension was ordered in proceedings for re-opening of the case initiated by the father, after a first decision of the Supreme Court of Cassation, dated 13 April 2020, refusing a similar request.
It appears that the third applicant was returned to the first applicant in April 2019.