Important decision
The European Court of Human Rights has confirmed that the Czech courts acted in accordance with the Convention when they did not allow the biological father to have contact with his son or grant him the right to information about the child.
The decision concerned a dispute between the biological father over contact with his son, who was born out of wedlock to the child’s mother, who was married at the time. By reason of a legal presumption, her husband became the legal father.
The European Court of Human Rights ruled in early November that the Czech Republic had not violated his rights under Article 8 of the Convention. According to the court, the national authorities had acted carefully, assessed the best interests of the child and tried a number of options to maintain contact.
In the end, the courts decided not to regulate contact and to refuse to provide information, given the negative impact of the conflict between the adults on the child’s psychological state. The ECtHR recognised that the biological father does not have an automatic right to information and it is for the courts to consider in each case whether such a decision would be in the best interests of the child.
The complaint was dismissed as manifestly unfounded. The decisions of the Czech courts thus stood up to the Strasbourg tribunal.
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