http://www.bundesverfassungsgericht.de/entscheidungen/rs20100721_1bvr042009.html
03 August 2010, 09:22 clock
landmark ruling
Constitutional Court strengthens custody of unmarried fathers
The Federal Constitutional Court, the regulation of custody for unmarried fathers has declared unconstitutional. Currently concerned only with the consent of the mother received a joint custody - this is in contravention the constitutionally protected parental rights.
Karlsruhe - The Federal Constitutional Court in Karlsruhe has tilted the primacy of unmarried mothers in custody. The published decision on Tuesday to mothers without a marriage certificate has custody of the father for their child no longer refuse generally.
from now, family courts have joint custody of the father and mother arranged if this corresponds to the welfare of children. The constitutional guardian translated to a ruling by the European Court of Human Rights in December 2009. It had alleged that the German child law prefer unmarried mothers compared to fathers.
to the Strasbourg Judgement, contrary to German law, according to unmarried fathers joint custody without the express consent of the mother received the child, the prohibition against discrimination in the European Human Rights Convention.
Federal Justice Minister Sabine Leutheusser-Schnarrenberger (FDP) had to look at the Strasbourg ruling only a few days, changes in the law in favor of unmarried fathers angekündigt.Die constitutional complaint of a man from North Rhine-Westphalia, the father of a 1998 born illegitimate son, had succeeded. The father and the boy's mother had once separated during the pregnancy. Since its birth, the child is living in the household of Mother, but has regular contact with his father. The mother refused a declaration on the exercise of joint parental authority.
directed against a request by the father had rejected the District Court of Bad Oeynhausen, with a view of the existing legal situation. Here against the Oberlandesgericht Hamm complaint filed was unsuccessful. Therefore, the unmarried father filed a constitutional complaint.
(Reference: Federal Constitutional Court 420/09)
More soon on SPIEGEL ONLINE.
suc / jdl / dpa / ddp / apn / AFP
URL:
http://www.spiegel.de/panorama/justiz/0, 1518,709840,00 html
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