authority had simply failed to process the case, and the case had not
undergone any internal assessment until the AOB made its official
enquiry.
UNACCEPTABLY LONG CHILD SUPPORT PROCEEDINGS
The AOB is repeatedly contacted in connection with family law
and child support matters, because the individuals involved feel
that pending court proceedings are taking too long. This is a
sensitive area of the law, and in the interests of legal clarity, court
proceedings and decisions need to be carried out in a timely
manner. This is the only way to guarantee to citizens that proceedings will be of an appropriate duration, as defined in Article
6 of the European Convention on Human Rights, and that they
can have confidence in the rule of law and a properly functioning
judicial system.
28
Proceedings took
three years
Unfortunately, in its investigative proceedings the AOB has repeatedly
encountered very serious delays in proceedings. In one instance, for
example, representatives of youth welfare authorities petitioned the
Donaustadt District Court for increased monthly child support to be
paid by a father to his two daughters (who were minors). Ultimately
the proceedings went on for three years. After eight months the
proceedings were halted by the Donaustadt District Court, so that it
could be determined whether the father was capable of participating
in proceedings. Moreover, medical experts took six months to ascertain whether the father was capable of working; and the Donaustadt
District Court took around five months to issue instructions to another
expert to carry out the necessary assessment. The representatives of
youth welfare authorities had to abandon their representation of the
two daughters, as they had in the meantime come of age and were
left to cope with this sensitive legal matter alone.
Five months to
obtain documents
In March 2009 the Melk District Authority, acting on behalf of three
minors in child support proceedings, petitioned the Ybbs District
Court for increased child support. The court obtained all the necessary documents, but took five months to question the children’s
father about the petition for increased child support.
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