Prohibiting contact between children and their mother in custody and contact rights case was unjustified (ECtHR)

The case of X and Others v. Slovenia (application nos. 27746/22 and 28291/22) concerned custody decisions and contact rights following the separation of X from her children’s father in 2018. It also concerned the reassignment of X’s court case to a particular judge. 

In Chamber's judgment in the case, the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, as regards X’s right to a tribunal established by law, and violations of Article 8 (right to respect for private and family life) with respect both to: 

- the applicant children, as regards the order to remove them from X’s (their mother’s) care in March 2020, their not being represented in the contact and custody proceedings, and their not being allowed contact with their mother; 

- X, for not being allowed contact with her children. 

The Court found in particular that the President of the District Court, in assigning the applicants’ cases to a particular judge, contrary to objective pre-established criteria, had defied the clear purpose of the law – namely, to ensure randomness in the assignments of cases. 

It also considered that two interim orders and a judgment prohibiting contact between the children and their mother had not been justified and that the removal of the children from X had not been supported by relevant and sufficient reasons. 

Moreover, the national courts’ failure to ensure proper representation of the children’s interests during the contact and custody proceedings had amounted, in itself, to a breach of the children’s right to respect for their family life.

The Court held that Slovenia was to pay the mother 7,000 euros (EUR) and the children jointly EUR 20,000 in respect of non-pecuniary damage, and EUR 7,000 to all the applicants jointly with an additional EUR 2,500 to the mother in respect of costs and expenses. (echr.coe.int/photo:freepik.com)

Read the decision here

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Editorial

Editorial
George Kazoleas, Lawyer

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