Decision of European Court of Human Rights, September 27, 2011 (case SOLOMON v. ROMANIA)

Appeal Nbr: 42799/05

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Decision of European Court of Human Rights, September 27, 2011 (case SOLOMON v. ROMANIA)

THIRD SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 42799/05

by Ana SOLOMON

against Romania

The European Court of Human Rights (Third Section), sitting on 27 September 2011 as a Chamber composed of:

Josep Casadevall, President,

Corneliu Bîrsan,

Egbert Myjer,

Ján Šikuta,

Ineta Ziemele,

Nona Tsotsoria,

Kristina Pardalos, judges,

and Santiago Quesada, Section Registrar,

Having regard to the above application lodged on 16 November 2005,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

1. The applicant, Ms Ana Solomon, is a Romanian national who was born in 1965 and lives in Empoli, Italy. She was represented before the Court by Ms Sofia Covaci, a lawyer practising in Băicoi. The Romanian Government ("the Government") were represented by their Agent, Mr Răzvan-Horaţiu Radu.

A. The circumstances of the case

2. The facts of the case, as submitted by the parties, may be summarised as follows.

3. On 16 January 1999 the applicant married B.A. and on 7 December the same year they had a son, B.C.

4. On 15 August 2000 the applicant left for Italy to try to find work in order to raise money to help her husband pay off the debt he had allegedly accumulated as a result of several unsuccessful business ventures.

5. The applicant did not go back to Romania again until July 2004, after she had obtained an Italian residence permit.

6. On 24 April 2001, when the applicant was already living in Italy, her husband brought divorce and custody proceedings against her.

7. By a judgment of 25 July 2001, the Ploieşti District Court allowed the applicant's husband's action for divorce and awarded sole custody of the child to him. Relying, inter alia, on the testimony of the witnesses in support of the applicant's husband, the social investigation carried out at the minor's domicile by the Social Services attached to the ...

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