CEDH · CASELAW;CLIN;ENG — 6 novembre 2003

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 58 November 2003 Zawadka v. Poland (dec.) - 48542/99 Decision 6.11.2003 Article 8 Article 8-1 Respect for family life Difficulties of a father in exercising his parental rights: admissible   The applicant's son was born in 1994. Two years later, the mother of the child, with whom the applicant was living, moved out of the house, taking their son. In 1996, the District Court issued an interim order that the child should be placed with the mother. The parents reached a friendly settlement, which stipulated, inter alia , that the applicant would be able to visit his son on specified dates. As from 1997 the mother failed to comply with the settlement they had concluded, in view of which, on a certain visit, the applicant took his son away from the mother. The District Court ordered him to return the child to the mother, but the applicant went into hiding with his son. In 1998, after a bailiff had taken the child back to the mother, the District Court limited the applicant's parental rights, and later that year, completely deprived him of these rights given his conduct. In 2001 he lodged other unsuccessful petitions to the courts to gain access to his son. The proceedings are currently stayed. The mother has gone to London with the child. Admissible under Article 8: The Government's objection that the applicant had not exhausted domestic remedies in the parental responsibility proceedings was accepted. The part of the claim relating to an alleged interference with the applicant's family life was therefore rejected. The complaint concerning the State's positive obligations was declared admissible.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes