Published on 4 July 2022

FIRST SECTION

Application no. 46855/20 Norbert TOMKIEWICZ against Poland lodged on 30 September 2020 communicated on 13 June 2022

SUBJECT MATTER OF THE CASE

The case concerns enforcement of the applicant’s contact rights in respect of his son H., born in 2010. The applicant alleges that despite several court orders regulating contact with H., since 2011 the mother has prevented him from seeing his child. He made applications under Article 598 15 and further of the Code of Civil Procedure to impose fines on his ex-wife and to return to him the costs that he had borne to organise visits with H. Nevertheless, despite the fact that the applicant’s requests were partly granted, the contact orders were not enforced.

The applicant complains under Articles 6, 8 and 13 of the Convention about lengthy enforcement proceedings and the fact that on numerous occasions he did not have access to his son.

QUESTION TO THE PARTIES

Has there been a violation of the applicant’s right to respect for his family life, contrary to Article 8 of the Convention? In particular, did the Polish authorities fail to discharge their positive obligations to secure to the applicant the effective exercise of his right to enjoy his family life, as determined by the contact order?