COURT VICTORY

Ester Guardians / News / COURT VICTORY

COURT VICTORY

The law firm successfully defended a minor’s right to use the residential premises.

From the moment of her birth, the child had lived in the apartment, was registered at that address, and had a long-standing and stable connection to the residence. This apartment was her habitual place of residence, where she attended school, spent her free time, and developed her social environment. After a dispute arose, the apartment owner changed the locks and began preventing the child from accessing the residence. Although the child remained registered at the apartment, she was effectively unable to use it anymore.

Consequently, the attorneys filed a lawsuit seeking to protect the child’s housing rights. During the proceedings, it was established that the child had the right to use the apartment and that the obstruction of this right was unlawful.

Following the proceedings, the court granted the claims in full and:

recognized the child’s right to use the apartment;

ordered that no obstacles be placed in the way of the child’s access to and use of the residence;

and ordered the defendant to pay the court costs.

A key aspect of the case was that, in rendering its decision, the court took into account the child’s best interests, his right to housing, his long-standing connection to a specific place of residence, and the need to maintain stable conditions for his life and development.

This case demonstrates once again that the right to home ownership cannot be exercised in a manner that conflicts with the rights and legitimate interests of a child. For our team, this is yet another case in which professional legal assistance has served as a tool for effectively protecting children’s rights.