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Family Law

The leading authority on all aspects of family law

04 APR 2011

CONTACT: Anayo v Germany (App No 20578/07)

(European Court of Human Rights; 21 December 2010)

The married mother had an affair with the Nigerian father. The twin children were legally the children of mother's husband. The German court permitted the father monthly contact with the children, initially supervised. The German Appeal court quashed this decision and dismissed the father's contact application.

Held that there had been a violation of the Art 8 rights of a biological father who was refused contact with his children without the best interests of the children being considered. There had not been a fair balance struck between the competing rights of the individuals concerned.

 

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