Restoring Family Bonds: Landmark ECHR Ruling in Support of a Mother Denied Contact with Her Child

Lawyers’ Committee for Human Rights – YUCOM represented a mother living with HIV who was denied contact with her child for over eight years due to delays and non-enforcement of court orders by Serbian authorities. In the case of V.A.M. v. Serbia, the European Court of Human Rights (ECHR) examined her complaint regarding prolonged legal proceedings related to divorce, child custody, and child support. The mother filed for divorce and custody in 1999, but the proceedings were repeatedly delayed, and interim orders allowing contact with her child were not enforced. Despite numerous attempts, the court also failed to take appropriate steps to locate her ex-husband’s address and ensure his presence at hearings.

The ECHR found that Serbian authorities violated the mother’s right to a fair trial within a reasonable time and her right to family life. The court also concluded that no effective measures were taken to enforce the interim contact order with her child. As a result, Serbia was ordered to pay €15,000 in non-pecuniary damages and €4,350 in legal costs.