X AND OTHERS v. SLOVENIA - 27746/22 (Art 8 - Family life - Removal of the applicant children from the first applicant, their mother, and the discontinuation of contact between them with the aim of preventing alienation from their father - Remainder inadmissible : First Section) [2024] ECHR 909 (19 December 2024)

X AND OTHERS v. SLOVENIA - 27746/22 (Art 8 - Family life - Removal of the applicant children from the first applicant, their mother, and the discontinuation of contact between them with the aim of preventing alienation from their father - Remainder inadmissible : First Section) [2024] ECHR 909 (19 December 2024)

The removal order and discontinuation of contact between the first applicant and her children were not supported by relevant and sufficient reasons, breaching the applicant children's rights under Article 8. The assignment of the case to a particular judge violated Article 6 § 1, as it was contrary to domestic law...

Source-derived case information.

Citation
[2024] ECHR 909
Parties
Applicant: X; Applicant: Second, Third, and Fourth Applicants (children); Respondent: Y; Respondent: Republic of Slovenia
Jurisdiction
European Union
Judgment Date
19 December 2024
Procedural Posture
Human Rights Application / Judgment and Appellate Review
Outcome
Judgment quashed in part; case remitted for re-examination; interim orders set aside.
Legal Topics
Child Custody, Contact Rights, Judicial Assignment, Right to Family Life, Right to Tribunal Established by Law
Family Law Human Rights Law Civil Procedure Child Custody Contact Rights Judicial Assignment Right to Family Life Right to Tribunal Established by Law

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Parties

X

Applicant

Second, Third, and Fourth Applicants (children)

Applicant

Y

Respondent

Republic of Slovenia

Respondent

Procedural Posture

Human Rights Application / Judgment and Appellate Review

Legal Issues

  1. 1 Whether removal of applicant children and discontinuation of contact breached Article 8 (right to family life)
  2. 2 Whether assignment of case to particular judge breached Article 6 § 1 (right to tribunal established by law)

Ratio Decidendi

The removal order and discontinuation of contact between the first applicant and her children were not supported by relevant and sufficient reasons, breaching the applicant children's rights under Article 8. The assignment of the case to a particular judge violated Article 6 § 1, as it was contrary to domestic law and lacked objective, pre-established criteria. Higher courts failed to review whether the orders were Convention compliant, and domestic courts did not carry out an in-depth examination of the family situation or consider less severe measures.

Court Disposition

Judgment quashed in part; case remitted for re-examination; interim orders set aside.

Orders

  • Remit custody and contact arrangements to first-instance court for re-examination by a different judge.
  • Supplement evidence gathering with expert and welfare centre involvement.