Published on 6 December 2021

THIRD SECTION

Application no. 41250/21 Andrey Igorevich LARIONOV against Russia lodged on 26 July 2021 communicated on 17 November 2021

SUBJECT MATTER OF THE CASE

The application concerns the granting of a residence order in respect of the applicant’s son to the mother. The expert psychologists and the childcare authorities found that it would be in the child’s best interests to live with the father. The domestic courts found “no exceptional circumstances justifying [the child]’s separation from his mother”.

QUESTIONS TO THE PARTIES

1. Did the decision to grant the residence order in respect of the applicant’s son to the latter’s mother violate the applicant’s right to respect for his family life, guaranteed by Article 8 of the Convention?

2. Did the domestic courts give sufficient reasons for their decision to give the residence order to the mother? In particular, did they conduct an in ‑ depth examination of the entire family situation and a whole series of relevant factors, in particular factors of a factual, emotional, psychological, material and medical nature, and did they make a balanced and reasonable assessment of the respective interests of each person, with a constant concern for determining what the best solution would be for the child (see Petrov and X v. Russia , no. 23608/16, § 98, 23 October 2018, with further references)?