Jessica Marchi v. Italy

Information Note on the Court’s case-law 251 May 2021 Jessica Marchi v. Italy - 54978/17 Judgment 27.5.2021 [Section I] Article 8 Article 8-1 Respect for private life Termination of pre-adoption foster placement “with a legal risk” in applicant’s home and child’s transfer to another family on grounds of child’s best interests: no violation Facts – After the child was declared abandoned as a baby and available for adoption, a foster placement with the applicant and her husband was ordered. This was a temporary measure on account of an ongoing appeal in the case, so no final declaration had been issued and it was thus referred to as a pre-adoption placement “with a legal risk”. Nine months later, the applicant’s husband was accused, then declared guilty, of sexual offences against children. The authorities then examined the temporary placement and, even though the applicant had confirmed her wish to live apart from her husband and to continue looking after the child, the Juvenile Court took the view that it was in the child’s best interests to find another placement elsewhere. Law – Article 8 (a) Admissibility (i) Family life: The existence or non-existence of “family life” was essentially a question of fact depending upon the existence of close personal ties (K. and T. v. Finland [GC]). There was no biological relationship between the applicant and the child. The Court had found in previous cases that the relationship between a foster family and a foster...