The Kopf and Liberda case or the legal consolation of the foster family
Professeur à l’Université de Limoges
17 janvier 2012 - Cour eur. dr. h., Kopf et Liberda c. Autriche
The relationship between the foster family and the child who was given back to his biological mother falls within the notion of family life of Article 8 of the European Convention of human Rights. However, taking the child’s interests in account, the passing of time makes it more difficult to accept the foster parents’ request for visiting rights. The Court has only the possibility to ascertain the violation of the positive procedural requirements by the defendant State. The domestic courts did not comply with their duty under Article 8 to deal diligently with the applicants’ request for visiting rights. These courts did not make a judgment at a time when the interests of the foster parents and the child coincided. The emergence of a principle of special haste helped to grant a legal and fair consolation.
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