Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings
‘the court reiterates that effective respect for family life requires that future relations between parent and child not be determined by the mere effluxion of time.’ and ‘In cases concerning the enforcement of decisions in the realm of family law, the court has repeatedly found that what is decisive is whether the national authorities have taken all the necessary steps to facilitate execution as can reasonably be demanded in the special circumstances of each case. In examining whether non-enforcement of a court order mounted to a lack of respect for the applicants’ family life the court must strike a fair balance between the interests of all persons concerned and the general interest in ensuring respect for the rule of law. In cases of this kind the adequacy of a measure is to be judged by the swiftness of its implementation, as the passage of time can have irremediable consequences for relations between the child and the parent who does not live with him or her.’
Citations:
[2010] ECHR 1447
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Citing:
Judgment – Sylvester v Austria ECHR 24-Apr-2003
Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone . .
Cited by:
Mentioned – F v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Children
Updated: 19 November 2022; Ref: scu.181018