Sometimes the relationship between a child’s unmarried parents will be so exiguous that there will be no ipso jure family life as between the natural father and his child. But family life may nonetheless be shown to exist: ‘the Court considers that Article 8 cannot be interpreted as only protecting ‘family life’ which has already been established but, where the circumstances warrant it, must extend to the potential relationship which may develop between a natural father and a child born out of wedlock. Relevant factors in this regard include the nature of the relationship between the natural parents and the demonstrable interest in and commitment by the natural father to the child both before and after the birth.’ In this case, the father’s claim to family life failed.
Citations:
Unreported – 29 June 1999
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Human Rights, Family
Updated: 30 April 2022; Ref: scu.200326
