Applicant name X.
Applicant type Natural person
Country Germany
Decision no. 4284/69
Date 01/02/1971
Institution Commission (Plenary)
Type Decision
Outcome Art. 8 Inadmissible
Reason Manifestly ill-founded; health and morals
Type of privacy Family privacy
Keywords Custody
Facts of the case Couple divorces; national courts award custody over some of their children to the mother. This, according to the father, violates his right to the protection of family life.
Analysis The Commission stresses the following:

1. Family life of the parents with their children does not cease owing to the divorce of the parents.
2. The award of custody of the children to one parent inevitably interferes with the family life of the other parent.
3. That there is a considerable measure of discretion for the domestic authorities on this point.
4. It uses the ground of the protection of health and morals and not the protection of rights and freedoms of others.
5. What is unusual in this case is that custody over the children were split amont the parents, custody over three of them being awarded to the father, two to the mother. This was done so as not to overburden the parents; neither of the children would be alone (without sibling). The Commission accepts this legitimation.

Documents Decision