Women and Justice: Keywords

Domestic Case Law

D.J. v. State Iasi Court of Appeal (2009)

Divorce and dissolution of marriage, Domestic and intimate partner violence

The court of first instance decided the divorce of D.B.N. and D.J. on the ground of common fault and placed the minor child in the custody of her father.  D.B.N. appealed the decision to the Isai Tribunal, and the appeal court decided to place the minor child in the custody of D.B.N., her mother considering this to be in the best interest of the minor. It explained that the fact that the parents of D.J. were taking care of the minor did not represent sufficient reason for placing her in his custody, as wrongfully held by the court of first instance. The Court of Appeal rejected the appeal of D.J. against the decision of the Iasi Tribunal based on the fact that the minor is attached to her mother and to the domestic violence of her father both against the mother and the minor child.