Information Note on the Court’s case-law 57
October 2003
Kálló v. Hungary (dec.) - 70558/01
Decision 14.12.2003 [Section II]
Article 8
Article 8-1
Respect for family life
Enforcement of visiting rights by a non-custodial parent: inadmissible
The applicant separated from his wife in 1993 and the couple’s sons stayed with their mother. Initially the applicant enjoyed unhindered access to his sons, but thereafter problems in visiting them arose. The District Court took interim measures regulating his access rights, in particular granting him specific entitlements to spend time with his children in 1996. The meetings did not take place, due partly to the mother’s refusal to co-operate with the arrangements and partly to the reluctance of the children to go with him. The mother was granted custody in the divorce proceedings and continued not complying with the access regulations, for which she was twice fined by the Welfare Office.
Inadmissible under Article 8 – The obligation of national authorities to take measures to facilitate contact by a non-custodial parent with children pending or after divorce is not absolute. The District Court took various measures to enforce the applicant’s right of access and fines were imposed on his former wife for not complying with the measures. Bearing in mind the difficulties in reconciling the opposing positions of the applicant and his wife – coupled with the children’s apparent reluctance to meet the applicant – the competent authorities made reasonable efforts to enforce the applicant’s right of access to his children.
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This summary by the Registry does not bind the Court.
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