Published on 14 June 2021

FOURTH SECTION

Application no. 1240/21 Mihaela-Ramona NIȚĂ against Romania lodged on 16 December 2020 communicated on 27 May 2021

SUBJECT MATTER OF THE CASE

The application concerns proceedings lodged by the applicant against her former partner concerning the custody of their child (born in 2008). In a final decision of 28 July 2020 the Olt County Court maintained the child ’ s residence with his father with whom he had lived, upon the decision by a court, since the parents ’ separation, in May 2015.

Relying on Article 8 of the Convention, the applicant complains that the court dismissed her application for custody although it acknowledged that her partner had been violent with her when they were living together, that he was alienating the child from her and preventing her from seeing the child, despite a court order setting a contact schedule in her favour (decision of 6 November 2018 of the Slatina District Court).

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicant ’ s right to respect for her family life, contrary to Article 8 of the Convention, in so far as the Olt County Court, in its final decision of 28 July 2020, refused to grant her custody of her child? In particular:

(a) Did the court take into account the child ’ s best interest to maintain contact with both parents?

(b) Did the court assess each parents ’ ability to comply with the custody and contact arrangements, in compliance with the child ’ s best interest?