authorities found that the child was facing a
“loyalty crisis” vis-à-vis his parents, and that if
no limitations were imposed on the religious
influence he was exposed to during his contacts
with the father, his normal development might be
jeopardized.
The facts as submitted by the author
2.1
The author married in 1983. In 1986, he
and his wife were separated by decision of the
County Authorities of North Jutland, which also
decided on joint custody of the son. In 1988 the
Municipal Court of Varde pronounced the
divorce and awarded custody to the mother. The
author appealed to the Court of Appeal and
claimed custody of his son. On 10 May 1988, the
Court of Appeal confirmed the Municipal
Court’s judgment in respect of the custody
question.
2.5
On 17 December 1988, the author
appealed to the Directorate of Family Affairs,
arguing that the decision of the County
Authorities constituted unlawful persecution on
religious grounds.
2.6
By letter of 7 January 1989, the author
notified the County. Authorities that his ex-wife
refused to comply with the access arrangements
determined by the authorities. To enforce his
right of access, he requested the Sheriff’s Court
(Fogedretten) of Odense to issue an access order.
By decision of 3 February 1989, the Court
decided to stay the proceedings on the ground
that the author was in no position to make a clear
and explicit declaration that he would fully
comply with the conditions imposed on his right
of access, and that the matter was still pending
before the Directorate of Family Affairs.
2.2
During the proceedings, a temporary
agreement on the right of access was concluded
between the author and his ex-wife; yet, after
discovering that the author had converted to the
faith of Jehovah’s Witnesses, and that he had
taken his son to a rally of Jehovah’s Witnesses,
the mother requested the County Authorities in
Odense to decide on her conditions for granting
access to T-S., under which the author had to
refrain from teaching the faith of Jehovah’s
Witnesses to his son. In this context, it is noted
that under Danish law, the parent who has
custody may decide on the child’s religious
education.
2.7
By interlocutory judgment of 29 June
1989, the Court of Appeal dismissed the author’s
appeal against the decision of the Sheriff’s Court
of 3 February 1989, on the ground that the statute
of limitations had expired. By the same
judgment, the Court of Appeal dismissed another
(interlocutory) appeal of the author, which had
been directed against a decision on access of the
Sheriff’s Court of 19 May 1989. The Court of
Appeal contended that the claims could not be
put forward under the procedure used by the
author.
2.3
On 13 October 1988, a meeting was
arranged between the author and his ex-wife;
expert advice on child and family matters was
given to both parties, in accordance with relevant
Danish legislation. Despite this advice, the author
refused to refrain from teaching his son the tenets
of his religion. He also rejected the mother’s
suggestion to limit the right of access to visits at
the address of the son’s paternal grandmother. By
letters of 30 November and 11 December 1988,
the author requested the County Authorities of
Funen to settle the dispute.
2.8
On 19 March 1989, the author informed
the Danish Minister of Justice of his case.
By decision of 30 March 1989, the Directorate of
Family Affairs upheld the County Authorities’
decision of 13 December 1988 on the right of
access. The author then filed a complaint with
the Parliamentary Ombudsman.
2.4
By decision of 13 December 1988, the
County Authorities of Funen determined the
extent of time father and son were entitled to
spend together, and the conditions under which
such visits might take place. In this connection,
the County Authorities stated: “Access to T. is
granted on condition that T., while visiting his
father, is not taught the faith of Jehovah’s
Witnesses and that T. does not participate in
Jehovah’s Witnesses’ rallies, gatherings,
meetings, missions or similar activities”. Under
Danish law, it is possible to stipulate exact
conditions for the exercise of visiting rights, but
only if such conditions are deemed necessary for
the well-being of the child. In this case, the
2.9
On 27 June 1989, the Sheriff’s Court of
Odense issued yet another order concerning the
enforcement of the author’s right of access.
It argued that, according to the statements of the
mother, the author had disregarded the conditions
pertaining to the exercise of his right of access
during one of T.’s visits. The Court again
suspended the proceedings on the ground that the
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