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OLINDRARU v. ROMANIA

Doc ref: 1490/17 • ECHR ID: 001-177770

Document date: September 21, 2017

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OLINDRARU v. ROMANIA

Doc ref: 1490/17 • ECHR ID: 001-177770

Document date: September 21, 2017

Cited paragraphs only

Communicated on 21 September 2017

FOURTH SECTION

Application no. 1490/17 Teodora-Adela OLINDRARU against Romania lodged on 20 December 2016

SUBJECT MATTER OF THE CASE

The application concerns an alleged infringement of the applicant ’ s right to respect for her family life insofar as she cannot reunite with her daughter despite the existence of a court order granting her the physical custody of the child. The father refused systematically to hand over the child to the applicant, and refused to comply with the court order.

Relying on Articles 6 and 8 of the Convention, the applicant complains of the non-enforcement of the court order establishing the child ’ s residence with her.

QUESTION tO THE PARTIES

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 enforcement of the decision adopted on 17 June 2014 by the Bihor County Court (file no. 9119/271/2013), granting her physical custody of the child, is concerned ?

In particular, have the Romanian authorities (notably courts, bailiff ’ s office, prosecutor ’ s office, and Bihor Child Protection Agency) complied with their obligation to assist the applicant in her efforts to be reunited with her daughter (see, mutatis mutandis , Ignaccolo-Zenide v. Romania , no. 31679/96, ECHR 2000-I)?

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