In the case of Novák v. the Czech Republic the Court held that there had been a violation of the right to respect for private and family life.

The case concerned a dispute between the applicant and his ex-wife over custody of their two daughters.

When the couple separated, they had initially agreed to share custody, but the mother then sought sole custody and relocated 200 km away. The applicant’s attempts in the courts to prevent the relocation were unsuccessful. The courts ultimately awarded the mother sole custody because the children could not be expected to attend two schools at such a distance from one another and they had, in the meantime, adapted to their new situation.

The Court found that the national courts’ decision-making in the case had not struck a fair balance between all the respective interests involved, bearing in mind what was the best solution for the children. In particular, the decisions had disregarded the crucial importance of handling matters involving children urgently, had not taken into account the father’s obvious commitment to his daughters and had ultimately legitimised the mother’s unlawful decision to relocate them.

• Press release