DISSENTING OPINION OF MM. TRECHSEL, WEITZEL AND SCHERMERS

AND MRS. THUNE

             (regarding Article 6 of the Convention)

       We disagree with the majority of the Commission on the question

whether the length of the second set of custody proceedings was

excessive.

       We note, as the majority, the requirement under domestic law and

also implicit in Article 8 of the Convention, that custody matters be

speedily dealt with by the courts. Although the overall proceedings

before three courts lasted less than eighteen months, the proceedings

before the District Court were suspended on 14 November 1990 for almost

six months in order for the Court to obtain a further expert opinion

from the Child Guidance Centre of Central Uusimaa (as from

1 January 1991 the Child and Family Guidance Centre of Tuusula).

       At the time of the suspension of the proceedings, however, the

applicant had already, after careful investigations, been considered

by three courts to be the most suitable person as S.'s custodian. In

the second set of custody proceedings instituted by the social

authorities the only ground justifying, in their view, a transfer of

custody was the duration of S.'s stay with R.N. and S.N. despite court

orders ordering her to be returned to the applicant.

       In view of R.N. and S.N.'s previous refusals to comply with

court orders the District Court could not reasonably expect R.N. and

S.N. to co-operate in the investigation ordered to be carried out by

the Child Guidance Centre. Neither could the District Court reasonably

expect them to comply with the order granting the applicant provisional

visiting rights which was issued in connection with the suspension of

the custody proceedings. A suspension with nearly six months was

therefore excessive.

       We note the rather speedy consideration of the case by the Court

of Appeal and the Supreme Court. We conclude, however, that, in the

particular circumstances of this case, the length of the second set of

custody proceedings as a whole exceeded a "reasonable time".

                                                        (Or. English)