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 p roblems 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 ref usal 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 We lfare 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 enforc e 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 rel uctance to meet the applicant – the competent authorities made reasonable efforts to enforce the applicant’s right of access to his children.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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