Hotărârea Curții Europene a Drepturilor Omului în cauza Novak împotriva Republicii Cehe
Judgment of the European Court of Human Rights in Novak v. the Czech Republic

Summary/Abstract: This case note examines the judgment of the European Court of Human Rights in Novák v. the Czech Republic (9 April 2026), concerning the unilateral relocation of minor children by one parent and the domestic courts’ response to that situation under Article 8 of the European Convention on Human Rights. Although the Czech courts acknowledged that the mother had acted unlawfully by relocating with the children approximately 200 kilometers away from their previous common residence without the father’s consent, they dismissed the father’s successive applications for interim measures and ultimately granted sole custody to the mother. The Strasbourg Court found that the domestic authorities had failed to react with the diligence and effectiveness required in matters involving family life and children, thereby allowing the unlawful situation to consolidate over time. In particular, the appellate court relied heavily on the children’s adaptation to their new environment – a reality created by the mother’s own unlawful conduct. The ECHR unanimously held that the domestic courts had failed to strike a fair balance between the competing interests at stake and had effectively legitimized a fait accompli, rendering the applicant’s prospects of obtaining sole or shared custody merely theoretical. The judgment reaffirms the State’s positive obligations under Article 8 ECHR to prevent the passage of time from determining parental relations and highlights the importance of prompt and effective interim measures in child custody disputes involving unilateral relocation.

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