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 23

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