## Facts

- Valentina Nikolaeva Bevacqua married Mr. N. in 1995; their son, S., was born in 1997.
- After the relationship deteriorated and Mr. N. became violent, Bevacqua left the family home with S. on March 1, 2000, moved to her parents’ apartment, filed for divorce, and requested interim custody, alleging repeated abuse and intimidation.
- The Sofia District Court scheduled a first hearing for April 11, 2000 but did not rule promptly on the interim custody request.
- Following separation, Mr. N.’s conduct escalated, including keeping the child for extended periods and assaulting Bevacqua in the child’s presence.
- Bevacqua repeatedly sought police and prosecutorial help and provided medical documentation of injuries, but authorities treated the violence largely as a private dispute, issuing delayed warnings and directing her to pursue private prosecution for “light bodily injury.”
- More than a year after the divorce filing, the court granted the divorce and awarded custody to Bevacqua; Mr. N. was not criminally prosecuted for the reported assaults.
- Bevacqua and S. filed an application alleging failures to protect their private and family life and excessive length of custody/divorce proceedings.

## Issues

1. Whether Bulgaria breached its positive obligations under Article 8 by failing to provide timely interim custody measures and effective protection against domestic violence affecting the mother and child.
2. Whether the duration of the custody and divorce proceedings violated Article 6 § 1’s “reasonable time” requirement.

## Decision

- The court found a violation of Article 8.
- The court held the authorities failed to react adequately to known domestic violence and failed to provide timely interim custody safeguards, adversely affecting the child’s well-being and family life.
- The court found no violation of Article 6 § 1, concluding the overall duration of the proceedings was not unreasonable in the circumstances.
- The court awarded non-pecuniary damages for the Article 8 violation.

## Legal Principles

- Article 8 may require the state to maintain and apply an effective legal framework providing protection against violence by private individuals when authorities know or should know of a real risk.
- In family disputes involving alleged violence, authorities must take reasonable and timely measures, including prompt interim custody arrangements where necessary to protect the child’s welfare and family life.
- Domestic violence cannot be treated as a purely private matter; effective protection may require criminal-law mechanisms and a practical response proportionate to the risk and harm.
- Under Article 6 § 1, the reasonableness of the duration of family proceedings is assessed considering case complexity, party and authority conduct, and what is at stake, with heightened attention to speed in child-related matters.

## Conclusion

The court held that Bulgaria violated Article 8 by failing to provide timely interim custody safeguards and effective protection against repeated domestic violence, while finding no Article 6 violation because the custody and divorce proceedings were not unreasonably long overall.


Bevacqua & S. v. Bulg., App. No. 71127/01 (Eur. Ct. H.R. 2008)