Germany Court

Posted June 2nd, 2017 by Bryan

The lawyers Alexander Dobiasch & Rupert Richter informed the European Court of human rights by a recent judgment strengthened the rights of possible biological fathers in dealing with their children. More info: Charles Rangel. Alexander Dobiasch and Rupert Richter lawyers learn about the background of the judgment. Basis of law saying underlying is a case in which a 53 dealing was denied his possible son through the mother and German courts. The mother of the child had maintained a relationship with the plaintiff, but during pregnancy separated themselves from him and returned to her husband. The plaintiff was allowed to see the child, however already had acknowledged paternity at the competent youth welfare office before the child’s birth. As the legal father, the husband of the mother has been set however.

Legal steps were ineffective until then, because the couple rejected a paternity test in the interest of the family and the Federal Constitutional Court showed appropriate applications of the possible father back. According to the view of the Court, only a claim holdings if it at least for a certain time actually would have responsibility for the child. European Convention on human rights allows pain and suffering according to opinion of the Strasbourg Court the competent courts would need to check the background of the case more thoroughly. The fact that a biological paternity has not been proven and no familial binding could be established with the child, was not attributable to the applicant. The potential father has already made clear interest in the mother and the child before the child’s birth, in which he accompanied the mother to various medical examinations and had already acknowledged paternity before the birth. These actions fall according to the ECHR in the scope of family life under article 8 of the ECHR. Opinion of the European Court of human rights would have to be checked, whether the handling of the possible father in the interests of the child have been would be. The failure of the competent courts a violation of the right to respect of privacy exists, which is rooted in the European human rights Convention. Thus, Germany was condemned to pay a pecuniary damage in the amount of $ 5,000.00 to the possible father. For more information on this judgment the lawyers Alexander Dobiasch and Rupert Richter in Bergen you hesitate on Rugen available. Press contact contact: lawyers Alexander Dobiasch & Rupert Richter Marktstrasse 8 18528 Bergen auf Rugen phone: + 49 03838 / 25 71 10 fax: + 49 03838 / 25 71 15 email: Homepage:

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