Communicated on 29 May 2019

FIFTH SECTION

Application no. 15437/19 Andreas SCHRADER against Austria lodged on 7 March 2019

SUBJECT MATTER OF THE CASE

The application concerns the length of the proceedings relating to the applicant ’ s request for regular visiting rights in relation to his son L, born 2007, and L ’ s half-brother T, born 2009. He separated from their mother in 2010, but continued taking care of both children until 2013, when she limited his contact rights to L and prohibited contact to T. The Vienna Inner City District Court ( Bezirksgericht Innere Stadt ) on 4 August 2013 granted the applicant ’ s request for visiting rights regarding L, but dismissed his request in respect of T. The proceedings were terminated by decision of the Vienna Regional Court for Civil Matters ( Landesgericht für Zivilrechtssachen ) of 18 October 2018 (served on 25 October 2018). The applicant complains under Articles 6 and 8 of the Convention that the proceedings, which lasted about five years and two months for two levels of jurisdiction, were unreasonably lengthy, and eventually led to his alienation from L and T.

QUESTIONS tO THE PARTIES

1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention?

In particular, was the length of the civil proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

2. Does the applicant ’ s relationship to his son ’ s half-brother T amount to “family life” under Article 8 § 1 of the Convention?

3. Has there been a violation of the applicant ’ s right to respect for his family life due to the length of the custody and visiting rights proceedings in relation to L and T, contrary to Article 8 of the Convention?