Accessible Requires Authentication Published by De Gruyter July 26, 2017

Austrian Constitutional Court: The Presumed Biological Father’s Position in Contact Proceedings

Judgment of 13 December 2016, G 494/2015

Katharina Cede-Lugstein
From the journal ICL Journal


Pursuant § 188 para 2 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter: ABGB), a third person can be entitled to access to a child if this is in the child’s best interest. A court has to grant access to the child upon request of the child, the child’s parents or a third person, provided the latter has or had a genuine social or family relationship with the child. Upon request of an individual to repeal parts of this provision the Constitutional Court held that there was no violation of the rights guaranteed under Article 8 ECHR.

Published Online: 2017-7-26
Published in Print: 2017-7-26

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