C v. CROATIA - 80117/17 (Judgment : Right to respect for private and family life : First Section) [2020] ECHR 694 (08 October 2020)

C v. CROATIA - 80117/17 (Judgment : Right to respect for private and family life : First Section) [2020] ECHR 694 (08 October 2020)

Failure to appoint a special guardian ad litem and failure to hear the applicant in person in custody proceedings irredeemably undermined the decision-making process and violated Article 8 of the Convention.

Citation
[2020] ECHR 694
Parties
Applicant: Mr C; Representative of Applicant: A (mother); Respondent: B (father); Respondent State: Republic of Croatia
Jurisdiction
European Union
Judgment Date
08 October 2020
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 8 found; application admissible; partial award of damages and costs
Legal Topics
Custody, Child Representation, Right to Be Heard, Appointment of Guardian Ad Litem, Procedural Fairness, Enforcement of Custody Orders
Family Law Human Rights Law Child Law Custody Child Representation Right to Be Heard Appointment of Guardian Ad Litem Procedural Fairness +1 more

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Parties

Mr C

Applicant

A (mother)

Representative of Applicant

B (father)

Respondent

Republic of Croatia

Respondent State

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether failure to appoint a special guardian ad litem violated Article 8
  2. 2 Whether failure to hear the minor in person violated Article 8
  3. 3 Whether decision-making process respected the child's best interests

Ratio Decidendi

Failure to appoint a special guardian ad litem and failure to hear the applicant in person in custody proceedings irredeemably undermined the decision-making process and violated Article 8 of the Convention.

Court Disposition

violation of Article 8 found; application admissible; partial award of damages and costs

Orders

  • Respondent State to pay EUR 7,500 in non-pecuniary damages to applicant
  • Respondent State to pay EUR 2,080 in costs and expenses to applicant