Communicated on 29 March 2019

FOURTH SECTION

Application no. 3891/19 Marcel-Dan CÃŽNÈšA against Romania lodged on 9 January 2019

SUBJECT MATTER OF THE CASE

The application concerns restrictions on the applicant ’ s right of contact with his four-year-old daughter during the divorce and custody proceedings. The applicant alleged that his mental illness played a significant role in this restriction, even when there was no evidence before the courts that he would pose a threat to his daughter ’ s well-being. Moreover, this restriction did not allow him to maintain personal relationship with his daughter.

QUESTIONS tO THE PARTIES

1. Has there been a violation of the applicant ’ s right to respect for his family life, contrary to Article 8 of the Convention? In particular, did the contact schedule set by the Baia Mare District Court in decision no. 7995 of 4 September 2018 (upheld by the final decision no. 611 of 15 November 2018 of the Maramure ş County Court), limit the applicant ’ s possibility to maintain and develop the relationship with his daughter:

- due to the short time they were allowed to spend together: two hours on two evenings a week;

- due to the fact that they were only allowed to meet in public places and in the presence of the mother .

2. Has the applicant suffered discrimination on the ground of his disability, contrary to Article 14 of the Convention read together with Article 8 of the Convention, in the exercise of his right to maintain contact with his daughter during the divorce and custody proceedings (see, mutatis mutandis , K. and T. v. Finland , no. 25702/94, §§ 154-155 and 165 , 12 July 2001; Petrov and X v. Russia , no. 23608/16, § § 98- 102 , 23 October 2018; and S.S. v. Slovenia , no. 40938/16, § 84 in fine, 30 October 2018)?