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European court bolsters fathers' rights

The Local · 21 Dec 2010, 14:29

Published: 21 Dec 2010 14:29 GMT+01:00

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The court, based in Strasbourg, France, was ruling on a case in which successive German courts had denied the man the right to see his twin daughters, who were born after the man had a relationship with a married German woman.

It found that the decisions by the courts had breached the man’s rights. Germany must now pay the man €5,000 for damages and a further €4,000 in legal costs. The ruling also establishes a precedent that unmarried fathers in Germany have a right to see their children even after a relationship breaks down.

While the father had not established a relationship with the girls, he had nevertheless shown a “serious interest” in them, the court decided.

The man, who had been living in the Baden-Württemberg city of Achern, took his case all the way through the German legal system to the Constitutional Court – the highest in the country – and was denied access to the children at each stage.

The daughters, now aged five, live with their mother and her husband, who is the legal father of the children. The couple, who have three other children together, have denied access to the biological father.

German courts had ruled that the biological father had accepted no responsibility for the twins and therefore had developed no “social-familial relationship” with them.

However, the Strasbourg court decided that the man had “shown a serious interest in the children” and expressed the wish to build a familial relationship with them. This had ultimately been blocked by the mother and legal father, the court found.

The Nigerian father’s application for asylum was denied in 2006. In 2008 he moved to Spain.

Story continues below…

Germany, Austria and Switzerland are generally considered to be conservative when it comes to granting unmarried fathers custody or access to their children after separation. However, the government is presently reviewing the laws on the issue.

The Constitutional Court ruled in August that a law denying unwed fathers custody rights to their children without the mother’s permission is unconstitutional, which opened the way for automatic joint custody.

DAPD/The Local/dw

The Local (news@thelocal.de)

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Your comments about this article

17:21 December 21, 2010 by GRAAM005
All fathers have rights where their children are concerned. Get a petition together - people.

Please be aware of the very young, very innocent and extremely vulnerable MISSING - BRITISH - CHILD; who's name is Madeleine McCann, now seven years old. Madeleine disappeared from Praia da Luz, on Thursday evening, May 3rd 2007, in Portugal. Please think about keeping a lookout for Madeleine, as nobody, as far as I am aware knows where young Madeleine might be in our world. With everyones help we can bring young Madeleine back to her loving family in the United Kingdom, thankyou. For more information please visit w dot findmadeleine dot com GOD PROTECT YOU MADELEINE
20:14 December 21, 2010 by Taimur Ibrahim Khan
My name is taimur Ibrahim khan i am british citizen and living in germany lübeck since april 2001, i came here because of women Anna hamkens i met in Oxford where i was living then we fell in love and after two years she invited me to come over to her home country Germany.

Since then we had two boys Bilal and haris everything was fine until her mother started to put fear in annas head saying that i am from muslim background even though the mother knows i ahve been living in europe since the last 26 years and i hold a british passport.

Anyway anna in 2006 took off with my sons and and did not let me see my sons i started a court case for my rights which i won and then she kidnapped my sons it took me 3 years to locate her she was hiding with her new boyfreind Andre Meck in Spain Gran canaria i started a new case of kidnapping against her in Spain during the criminal court case she kidnapped my sons for the second time and the my boys are missing once again .

I give the fault to the courts in Germany and in spain for this situation i told the court in both the countries that in our arguments anna often threatend me that she has alot of money and she will disappear with my boys and no one will find her but the courts did not do anything about it and the result is that i lost my boys again .

Anna Hamkens and her Boyfriend are both wanted by the Gran canarian police tell.No: 00 34 928 152 720 to see more deatails just look at www.annahamkens.blog.de and you will find in my blog. everything you want to see.

God bless you bilal and Haris daddy loves you and i will not give up .

Taimur Ibrahim Khan.
11:42 December 22, 2010 by Johnne

you´ve said it all.
04:37 June 15, 2012 by Isaac_007
@ Taimur Ibrahim Khan

what a heartless woman.

stay strong Taimur, you will be the winner at the end and you kids will know your efforts.
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