Communicated on 4 March 2020 Published on 23 March 2020

FIRST SECTION

Application no. 64886/19 X against the Czech Republic lodged on 12 December 2019

SUBJECT MATTER OF THE CASE

The application concerns an alleged infringement of the applicant’s right to respect for her family life under Article 8 of the Convention, stemming from the fact that her daughter was returned to her habitual place of residence in the United States of America. According to the applicant, in the relevant proceedings the courts failed to give due consideration to the best interest of the child, had not duly examined the existence of the exceptions provided by Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction and had not duly assessed whether adequate safeguards had been convincingly provided by the child’s father.

QUESTIONS TO THE PARTIES

1. In view of the decision-making process, the outcome of the Hague Convention proceedings concerning the return of the applicant’s child and the enforcement of the decision rendered in those proceedings, has there been a violation of the applicant’s right to respect for her family life, contrary to Article 8 of the Convention?

In particular, did the domestic courts sufficiently take into account the applicant’s objection that the child’s return to the United States would fall within the scope of Article 13 of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and did they provide sufficient reasoning in that regard (see X v. Latvia [GC], no. 27853/09, §§ 106-108, ECHR 2013)?

2. Did the domestic courts satisfy themselves that adequate safeguards and tangible protection measures were convincingly provided in the United States (see X v. Latvia [GC], cited above)?

3. The parties are invited to inform the Court about any new developments of the case, notably about any decisions issued by the courts in the USA, and to submit copies thereof.