Following divorce and during extended custody proceedings in Bulgaria, B agreed to the father having contact with the child, S. However, he refused B’s contact with S. B recovered S from the kindergarten, which led to the father threatening her and eventually entering her home seeking to recover the child. B moved to a hostel for victims of domestic violence in another town, but the authorities threatened to prosecute her for abduction of S. Despite being asked by B to make an interim order concerning custody of S, the Bulgarian courts failed to do so. In order to avoid prosecution B agreed to care for S with the father in alternate months. S was subject to further violence by the father. She was granted custody of the child eventually, but the father was not prosecuted for his violence, or for subsequent violence against her. The ECtHR found violations of B and S’ right to respect for private and family life under Art 8 of the ECHR. The Court held that the Bulgarian court's failure to adopt interim custody measures without delay had adversely affected the well-being of S and insufficient measures had been taken in reaction to the father's behavior, however, the length of proceedings had not been unreasonable.
Bevacqua and S. v. Bulgaria
European Court of Human Rights