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 Punen to settle the dispute.
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 authorities found that the
child was facing a "loyalty crisis" vis-a-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 jeopardised.
2.5 O» 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.
2.7 By interlocutory judgement 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 judgement, 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.
2.8 0» 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.
2.9 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.
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