Communicated on 18 December 2018

FIRST SECTION

Application no. 30879/17 Lena Jasmína HÝBKOVÁ and others against the Czech Republic lodged on 13 April 2017

SUBJECT MATTER OF THE CASE

The first applicant, Ms Lena Jasmína Hýbková , is the mother of the second applicant, Michael Gabriel H ýbek , and the third applicant, Matyas Gabriel Hýbek .

The application concerns an alleged violation of their right to respect for family life on account of their forced and unnecessarily long separation (Article 8 of the Convention).

QUESTIONS tO THE PARTIES

1. Has the decision of the Prague Municipal Court of 4 August 2016, according to which the second applicant and the third applicant remained in the institutional care, amounted to an interference with the applicants ’ right to respect for their family life, taking into account notably the fact that their sister has been on the same day returned into the first applicant ’ s care who, at the time, had also cared for her new-born twin sons?

If so, has such interference been “in accordance with the law” and “necessary in a democratic society” in the interests of one of the aims permitted under paragraph 2 of Article 8 of the Convention? In view of all the circumstances, has there been a violation of the applicants ’ right to respect for their family life, contrary to Article 8 of the Convention?

2. Have the domestic authorities fulfilled their positive obligation under Article 8 of the Convention to act in a manner calculated to enable an existing family tie to develop, to take any measures that can be reasonably expected with a view of reunification of a child with his parent(s) and to ensure that any separation of a child from his parent does not last any longer then strictly necessary (see Sommerfeld v. Germany [GC], no. 31871/96, § 63, ECHR 2003 ‑ VIII; Neulinger and Shuruk v. Switzerland [GC], no. 41615/07, § 140, ECHR 2010)?