There is no violation of the right to a family life under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention in the present case whereby a decision on children’s custody and support was adopted on the basis of expert assessment of all crucial facts in the best interests of children, by considering children’s wishes and on the basis of positive legal provisions. This decision does not hinder the right of access to children that the appellant has, nor does it end his family life with children and it does not terminate the authenticity of their family relations. It is in the interest of the social community to secure the best possible conditions for children’s protection and upbringing, if the parents cannot come to an agreement.
• Decision on Admissibility and Merits No. AP 60/03 of 23 July 2004, paragraph 30, published in the Official Gazette of Bosnia and Herzegovina, 43/04; positive protection of family life
While adopting the challenged decision on awarding the custody of children to the mother, the courts complied with Article 93 of the Family Law, thereby examining all facts related to awarding the custody of children to one of the parents. In such cases the court sees its role primarily in overseeing lawfulness in the process of decision-making and adopting quality decisions on entrusting children to the future care (see, inter alia, judgment of the European Court Olsson v. Sweden, of 27 November 1992, series A, No. 250, paragraph 90, and the judgment of the European Court, Johansen v. Norway, of 7 August 1996, 23 EHRR 33, paragraph 64).
• Decision on Admissibility and Merits No. AP 83/03 of 29 September 2004, paragraphs 24 to 26, published in the Official Gazette of Bosnia and Herzegovina, 54/04
A decision awarding custody of a child to the mother after divorce does not hinder the right of access to children that the appellant has, nor does it end his family life with a child and it does not terminate the authenticity of their family relations. Therefore, there is no violation of Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention.
• Decision on Admissibility and Merits No. AP 346/04 of 18 January 2005, published in the Official Gazette of Bosnia and Herzegovina, 38/05
There is a violation of the appellant’s right to private and family life, in the event where in the course of administrative dispute proceedings it was not established whether the forced removal of the appellant from the country would be justified within the meaning of Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention.
• Decision on Admissibility and Merits No. AP 41/09 of 28 March 2009, paragraph 30, published in the Official Gazette of Bosnia and Herzegovina, 33/09; family life, the expulsion of an alien; a violation of Article 8 of the European Convention and Article II(3)(f) of the Constitution of BiH established
There is no violation of the right to respect for family life under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention, when the appellant’s claim for modification of the decision of the Social Work Center on the custody of a child was dismissed, because the appellant failed to prove that altered circumstances existed, in order for the court, within the meaning of Article 143 of the Family Law, to adopt a new decision, and when it followed from the circumstances of the present case that the decision of the Cantonal Court did not place an exaggerated burden on the appellant and that the decision was proportionate to the legitimate goal sought to be achieved – the protection of rights and interests of a child, therefore “it was necessary in a democratic society” within the meaning of Article 8(2) of the European Convention.
• Decision on Admissibility and Merits No. AP 3073/09 of 7 April 2011, paragraph 57, published in the Official Gazette of Bosnia and Herzegovina, 65/11; modification of the decision on the custody of a child; there is no violation of Article 8 of the European Convention and Article II(3)(f) of the Constitution of BiH
The Constitutional Court finds that the right of the appellant to family life under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention has been violated, since the challenged decisions, in the part concerning the ban on visiting the appellant in the detention, contain “measures” failing to achieve reasonable relationship of proportionality between the interference with the appellant’s right and the legitimate aim pursued. Especially so because these measure affect heavily not only the appellant but also the members of his family. However, the violation of this right has not been well substantiated.
• Decision on Admissibility and Merits No. AP 1332/17 of 22 May 2017, paragraph 87, published in the Official Gazette of Bosnia and Herzegovina, 47/17; there is a violation of Article 8 of the European Convention and Article II(3)(f) of the BiH Constitution
