ABSTRACT
The principal purpose of Article 8 is to protect the individual's private and family life against arbitrary interference by public authorities. According to the case law of the Commission, it may be consistent with Article 8 to place a child in the care of the State in order to avoid the friction and tension of a post-divorce situation. Where a parent consents to the placement of their children in care, the Commission appears to be precluded from examining the compatibility of the care order with the Convention. Contact between family members and the child in care is necessary in order to maintain personal relations and promote reunion so that the child's return home can be facilitated and carried out with minimum disruption. While domestic authorities enjoy considerable discretion under the Convention when making a care order, the margin of appreciation is narrowed with regard to the manner in which care orders are implemented.
