PALEŠĆAK v. CROATIA
Doc ref: 20207/16 • ECHR ID: 001-174474
Document date: May 27, 2017
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Communicated on 27 May 2017
FIRST SECTION
Application no. 20207/16 Silvije PALEŠĆAK against Croatia lodged on 6 April 2016
SUBJECT MATTER OF THE CASE
The application concerns a situation where, during the custody and contact rights proceedings which have so far lasted three years and eight months, the applicant has been unable to maintain regular contact with his daughter.
He complains under Article 6 § 1 about the length of those proceedings, under Article 8 about inability to have regular contact with his child, and under Article 13 about the lack of an effective remedy in that respect.
QUESTIONS tO THE PARTIES
1. Has the State secured regular contact between the applicant and his daughter? If not, has the State been in breach of its positive obligations under Article 8 of the Convention to maintain family ties between them?
2. Did the applicant have at his disposal an effective domestic remedy for his Convention complaint under Article 8, as required by Article 13 of the Convention?
3. Has the length of the custody and contact rights proceedings in the present case been in breach of the “reasonable time” requirement of Article 6 § 1, and/or in breach of Article 8 of the Convention?