Court decisions that legitimised mother’s unlawful actions breached father’s human rights
It is sadly not uncommon for one parent in a dispute over arrangements for their children to take the law into their own hands, in an effort to get ‘one up’ on the other parent.
And obviously if this should happen then the court should usually take a dim view of the matter, and ensure that the first parent does not gain an ‘advantage’ in this way, especially when their actions are in breach of an existing court order.
But in a recent case in the European Court of Human Rights the courts of the Czech Republic not only failed to put right the wrong that the mother had committed, but actually granted her custody of the children, thereby legitimising her unlawful actions, and effectively rendering the possibility for the father to obtain sole or shared custody of his children merely theoretical.
Briefly summarised, the basic facts of the case were as follows.
The couple concerned had two daughters, born in 2014 and 2018. Their marriage broke down and in September 2021 the mother filed for divorce, and sought sole custody of the children. The father filed a petition for shared custody.
In July 2022 the court awarded the parents shared custody of the children on a weekly basis.
The mother then relocated with the children from Brno to Prague (about 130 miles, or two hours travel, away), without first seeking the consent of the father or the permission of the court. Only after the move did she apply for the court’s permission.
Cutting a long story short, in April 2023 the court granted the mother sole custody of the children. The father was granted contact rights every second weekend and during holidays.
The father’s appeal against this decision was dismissed.
The father therefore made an application to the European Court of Human Rights, claiming that the actions of the courts in the Czech Republic had breached his right to respect for family life under Article 8 of the European Convention on Human Rights.
The European Court of Human Rights agreed that the decisions of the Czech courts had effectively legitimised the mother’s actions, failing to strike a fair balance between the interests of all the parties involved in the proceedings.
Accordingly, there had been a violation of Article 8 of the Convention.
The father was awarded damages of twelve thousand euros, plus costs.
You can read the full report of the case here.
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