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Last Updated on June 1, 2019 by LawEuro
CASE OF FRÖHLICH v. GERMANY
(Application no. 16112/15)
26 July 2018
This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Fröhlich v. Germany,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Erik Møse, President,
Angelika Nußberger,
Yonko Grozev,
Síofra O'Leary,
Mārtiņš Mits,
Lәtif Hüseynov,
Lado Chanturia, judges,
and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 3 July 2018,
Delivers the following judgment, which was adopted on that date:
1. The case originated in an application (no. 16112/15) against the Federal Republic of Germany lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by aGerman national, Mr Arnulf Fröhlich ("the applicant"), on 30 March 2015.
2. The applicant was represented by Mr G. Rixe, a lawyer practising in Bielefeld. The German Government ("the Government") were represented by one of their Agents, Mrs K. Behr, of the Federal Ministry of Justice and Consumer Protection.
3. The applicant alleged, in particular, that the domestic courts' decision to refuse him information about the girl S., of whom he claimed to be the biological father, violated his rights under Article 8 of the Convention.
4. On 22 December 2015 thiscomplaint was communicated to the Government.
5. The applicant was born in 1966 and lives in Köthel.
A. Background to the case
6. In 2004 the applicant began a relationship with X, a married woman who continued to live with her husband, with whom she had six children. In early 2006, X became pregnant and disclosed this to the applicant. In October 2006, she gave birth to a girl. Shortly after, the relationship with the applicant ended.
7. X and her husband, the girl's legal father, refused the applicant's subsequent initiatives to have contact with the child. They disputed that the applicant was the biological father but refused to consent to paternity testing.
8. The applicant initiated various proceedings to establish his legal paternity, to have biological paternity testing conducted and to obtain joint custody. His requests were to no avail.
B. Proceedings at issue
1. The proceedings before the Family Court
9. On 21 December 2010 the applicant appliedto Obernburg Family Court to obtain regular contact with the child, referring to the Court's judgment in the case of Anayo v. Germany (no. 20578/07, 21 December 2010) delivered on the same day. He claimed to be the child's biological father and offered to prove this claim by means of an expert's report. In addition, he made a sworn declaration that he had had sexual intercourse with X around the time of conception.
10. On 9 May 2011 the Family Court dismissed the applicant's request. It held that the applicant's paternity had not been established and that, consequently, he could not be granted contact.
2. The proceedings before the Court of Appeal
(a) The appeal proceedings
11. On 14 June 2011 the applicant appealed.On 16 November 2011 he supplemented his appeal, mainly relying on the Court's judgment in the case Schneiderv. Germany (no. 17080/07, 15 September 2011) and requested contact with the child at least once a month, initially under supervision.
12. On 1 December 2011, the Court of Appeal orally heard the applicant and the child's legal father. The latter declared that he knew about the relationship between his wife and the applicant and also assumed that there had been sexual contact. In October 2005 the mother had told him and the children that her relationship with the applicant was terminated although he could not rule out, and indeed considered it likely, that she had continued the relationship without his knowledge.He had learned of his wife's pregnancy in February 2006 and concluded that he was the father. In December 2006 the applicant had told him on the telephone that he was the child's father. At that moment, the mother had felt relieved that the time of secrets was over. This moment had been a breakthrough for them as a couple and their relationship had improved subsequently.The child had been desired by both. Even assuming that the applicant were the child's father, he would not agree to any contact because the applicant had caused them much suffering and had to bear the consequences of his behaviour. The proceedings the applicant had instituted were a burden for the couple but did not have a negative impact on the relationship with his wife,but had rather consolidatedit. Everyone in the family but the child knew that the applicant believed that he was the child's father.
13. On 9 February 2012 the Court of Appeal orally heard the child's mother. At the end of the hearing it informed the parties that it considered contact with the applicant not to be in the child's best interest for the time being and suggested that the applicant withdraw his appeal.
14. On 21 June 2012 the child's appointedguardian ad litem (Verfahrenspfleger), a psychologist, furnished a detailed written statement concluding that contact with the applicant would be detrimental to the child's well‑being at this age.
15. On 17 August 2012 the applicant requested the Court of Appeal to mandate an expert opinion on the question of whether contact would be detrimental to the child or would at least serve her best interest;to hold an oral hearing where the guardian ad litemshould explain her written statement;to conduct a paternity test and to hear the child.
16. On 28 September 2012, the Court of Appeal informed the parties that it considered it necessary to hear the child. The child's guardianad litemopposed this. Shesubmitted,inter alia,that the child had no knowledge of the applicant's claims, that the latter could not prove his fatherhood in the absence of a legal basis and that the child's legal parents had not submitted any proof of their allegations that the mother's husband was also the child's biological father.
17. On 29 October 2012 the Court of Appeal heard the six‑year‑old child in the presence of her guardianad litemonly. According to the minutes, the child was aware – without knowing the real reasons – that her parents were in dispute with the applicant, who wanted to visit her or wanted her to visit him, but that neither her parents nor herself agreed to this.
18. On 19 November 2012 the guardian ad litemsubmitted that the child's hearing confirmed her written statement of June 2012.
19. On 21 November 2012 the applicant commented on the child's hearing, submitted a private expert opinion and requested the Court of Appeal to mandate an expert opinion regarding contact rights and to appoint a new guardian ad litem. He further asked the Court of Appeal to inform the child about his application during a new hearing. He added that in the event that his appeal were to be denied, he should receive a written report on the child's development and two recent photographs every six months.
(b) The decision of the Court of Appeal
20. On 13 December 2012 the Court of Appeal dismissed the applicant's requests. It observed, at the outset, that the applicant could not rely on Article 1684 § 1 of the Civil Code as he was not the child's legal father. He could not relyon Article 1685 § 2 of the Civil Code either, because he had never borne any actual responsibility for the child. The Court of Appeal then addressed the question of whether Article 1685 § 2 of the Civil Code could be interpreted, in the light of the Court's judgments Anayo and Schneider (cited above), as assuming that a father who was able to prove that he had seriously tried to bear actual responsibility but failed to do so because of the mother's or legal parent's resistance,could be considered as having borne actual responsibility within the meaning of this Article.
21. This question could, however, be left open because contact had in any event to serve the child's best interest. In this respect the Court of Appeal held that it was already contrary to the child's best interest to address the preliminary question of whether the applicant was the child's biological father.The child was living in awell-organised and emotionally stable family unit consisting of a father, a mother and other children. The Court of Appeal pointed out that it was convinced that this family union would be destroyed if the applicant's paternity were established and contact rights ordered. The hearing of the child and the legal parents had shown that in the child's perception of the world, there was only one father, the mother's husband. There were no indications that the latterdid not assume his role as a father towards the child or assumed it differently than towards his other children.The child was well-integrated in the family,where she felt protected and secure. This assessment was also consistentwith the conclusions of the child's curatorad litem.
22. The Court of Appeal feared that clarifying the question of paternity bore the risk thatthe family unit would break up,which would have considerable negative consequences on the child because she would loseher essential attachment figures. As it had indicated after the hearing,itheld it to bemore likely that the applicant was the child's biologicalfather. This question could, however,ultimately only be determined by a paternity test,to which the child's legal parents were opposed. The mother affirmed that her husband was the biological father of her daughter and both stood firm against the applicant.According to the Court of Appeal it resulted from the hearing that the legal father trusted, in principle, his wife's assertions but at the same time haddoubts as to his paternity, although he had not explicitly expressed them. In spite of these doubts, and the long-lasting court proceedings, he did not put in question his wife's statements. The Court of Appeal received the impression that the spouses had barricaded themselves against the applicant as if they were in a corral, as had shown the legal father's declaration that the legal proceedings did not have a negative impact on the relationship with his wife but had rather consolidatedit.The Court of Appeal concluded that the legal father could live with this uncertainty, and that his attitude had no consequences for the child.If, however, the applicant's biological paternity were to be established, the legal father would realise that his long-standing trust in his wife was not justified. It was not possible to predict the legal father's reaction, but the manifest risk that the spouses' marriage would break up could not be dismissed in view of the couple's past difficulties.The couple's separation would amount tothe breaking-up of the child's family unit and the loss of her relationships, which would endanger her well-being.
23. The Court of Appeal pointed out that itwas aware that,in view of the importance of the child's well-being, it could be along time before the preliminary question of paternity couldbe clarified and years before contact rights could be granted. This mightevolve once the child started to ask questions, but for now it was not in her best interest to be confronted with the paternity issue. It was therefore not advisable to tell her about the applicant's allegations or to substitute the child's guardian ad litem.
24. The Court of Appeal went on to say that, even assuming that the applicant was the child'sbiological father, contact with the applicant was not in the child's best interest. Due to the highly emotional conflicts between the legal parents and the applicant, and the factthat the applicant had not ruled out that he might tell the child that he was her biological father if he saw her,contact would jeopardise the child's well-being. Therefore it was not advisable to order an expert opinion regarding the question of whether and how the child would deal with two fathers or whether it was in general advisable to grant children contact with their biological fathers at an early stage. These issues had to be assessed in the light of the extremely tense relations between the applicant and the child's legal parents,and in view of the predictableconsequences for the child if contact were granted. The Court of Appeal added that it could decide on thesequestions on its own after having orally heard the persons involved, and based on the written statements of the guardianad litem, an experienced psychologist well-known from other proceedings.
25. As regards the applicant's request for information the Court of Appeal held as follows:
"The applicant's request for information, claimed in the alternative in his lawyer's submissions of 21 November 2012, does not exist. Such claim cannot be based on Article 1686, 1st sentence, of the Civil Code because the applicant is not, as required by this provision, the child's legal father. Whether the provision can be interpreted in the light of the above mentioned decisions of the European Court of Human Rights, as assuming that a biological father can also claim a right for information, can be left open: that would require addressing the preliminary issue of whether the applicant was the child's biological father. It has already been shown that clarifying this question by ordering a paternity test would be contrary to the child's well-being."
26. On 11 February 2013, the Court of Appeal dismissed the applicant's objection alleging a violation of the right to be heard.
3. The proceedings before the Federal Constitutional Court
27. Previously, on 28 January 2013, the applicant had lodged a constitutional complaint with the Federal Constitutional Court (no. 1 BvR 844/13).
28. On 18 July 2013 the Federal Constitutional Court informed the applicant that on 13 July 2013, the Law for the strengthening of the rights of biological but not legal fathers had entered into force which, pursuant to Article 1686a of the Civil Code, provideda new possibility for biological fathers to be granted contact and information rights even if they had no social and family relationship with the child (see paragraph 32 below).It added that in court proceedings concerning the enforcement of such rights, the determination of the preliminary question of paternity could be necessary, pursuant to Article 167a § 2 of the Family Matters Act (see paragraph 33 below). It enquired of the applicant whether, under these circumstances, he would withdraw his constitutional complaint.
29. On 13 August 2013 the applicant replied thathe would maintain his complaint because,even under the new law, he would not have obtained a more favourable decision. He pointed outthat the Court of Appeal had rejected his request for contact rights, even assuming that he was the child's biological father,since contact did not serve the child's well-being. The Court of Appeal had thus already decided in the light of the new Article 1686a of the Civil Code. The applicant added that the same reasoning applied to his request for information. Given that, in its view, the determination of paternity would endanger the family unit, the Court of Appeal would refrain from ordering a measure of examination because the legal parents could not reasonablybe expected to undergo any examination, under Section 167a § 2 of the Family Matters Act.
30. On 21 September 2014 the Federal Constitutional Court declined to consider the applicant's constitutional complaint without providing reasons.
31. The domestic law applicable at the relevant time is summarised inSchneider v. Germany (cited above, §§ 29-37).
32. The relevant parts of Article 1686a of the Civil Code, as in force since 13 July 2013, read as follows:
"(1) As long as the paternity of another man exists, the biological father who has demonstrated a serious interest in the child has
1. a right of contact with the child, if such contact serves the child's best interest,
2. a right to be provided with information from each parent regarding the personal circumstances of the child, where he has a legitimate interest and in so far as this is not contrary to the child's best interest.
33. The relevant parts of Section 167a § 2 of the Act on Proceedings in Family Matters andMatters of Non-Contentious Jurisdiction (Family Matters Act), in its version of 4 July 2013 (in force since 13 July 2013), read as follows:
"(1) Applications for the grant of contact or information rights pursuant to section 1686a of the Civil Code shall only be permissible when the applicant submits a declaration in lieu of an oath that he engaged in sexual intercourse with the mother during the period of conception.
(2) To the extent clarification of the biological father is necessary in proceedings concerning rights of contact or information pursuant to section 1686a of the Civil Code, each person must acquiesce to examinations, particularly the taking of blood samples, unless the person cannot reasonably be expected to undergo the examination.
34. In a decision of 19 November 2014 the Federal Constitutional Court (no. 1BvR 2843/14) observed that ordering a paternity test constituted an interference with the existing family's right to family life. Granting contact or information rights pursuant to Article 1686a of the Civil Code assumed that, other than biological paternity, the claimant has a serious interest in the child, that contactserved or information was not contrary to the child's best interest and that the claimant had a legitimate interest in obtaining such information. Article 1686a did not, however, determine the order in which the court had to assess its conditions. At the same time, the order of assessment had to take into account that an interference with the person's basic rights was admissible only when necessary. With reference to its decision of 17 December 2013 (no. 1 BvL 6/10) the Federal Constitutional Court emphasised thatin order to prevent an unnecessary interference with the right to family life of the existing family, the competent court might order a paternity test only when the further conditions of the provisions were met. However, where the determination of the further conditions of this provision would constitute a heavy burden on the persons involved, the court might ordera paternity test first. When assessing the degree of interference with family life, the question of whether paternity was in dispute between the parties was of particular importance.
35. On 5 October 2016 the Federal Court of Justice (no. XII ZB 280/15) held, with regard to contact rights of the actual biological father pursuant to Article 1686a § 1 of the Civil Code, that the legal parents' negative attitude towards the biological father and the fact that they opposedcontact alone was not sufficient to justify refusing the biological father contact rights. In the light of Article 8 of the Convention the biological father could not as such be regarded as disturbing the sheltered legal family ("Störenfried der behüteten rechtlichen Familie"), leading to the presumption that contact was against the best interest of the child only because it affected the established relationship between the members of the family. If the negative attitude of the legal parents, which might influence the child's best interests, was the only reason to deny contact, a strict and comprehensive assessment was necessary.
36. The applicant complained that the domestic courts' decision to refuse him contact with the child violated his right to respect for his private and family life under Article 8 of the Convention. He further submitted that the domestic courts' failure to investigate sufficiently the relevant facts concerning his relationship with his daughter, in particular his paternity, violated Article 8, read in conjunction with Article 6 of the Convention.
37. The Court considers that the complaint falls to be examined under Article 8 alone which, in so far as relevant,reads as follows:
"1. Everyone has the right to respect for his private and family life …
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests …for the protection of the rights and freedoms of others."
38. The applicant submitted that the Court of Appeal gave,as a principle,priority to the social family without considering the different interests at stake and without conducting a balancingof these interests with an open outcome. He complained that the Court of Appeal did not consider accompanied contact and failed to mandate an expert opinion on the question of whether contact would be in the child's interest.
39. The Court considers that the Court of Appeal's refusal to grant the applicant contact rights amounted to an interference at least with the applicant's right to private life (Anayo, § 58; Schneider, § 90, cited above). It further notes that the Court of Appeal's decision had a legal basis in domestic law and aimed to protect the rights and freedoms of the child.
40. In determining whether the interference was "necessary in a democratic society",the Court refers to the principles laid down in its case‑law. It reiterates in particular that Article 8 can be interpreted as imposing on the member States an obligation to examine whether it was in the child's best interests to allow a biological father to establish a relationship with his child, in particular by granting contact rights (Anayo, cited above, §§ 67-73; Schneider, cited above, §§ 95-105; and Ahrens v. Germany, no. 45071/09, § 74, 22 March 2012). This may imply the establishment, in contact proceedings, of biological – as opposed to legal – paternity if, in the special circumstances of the case, contact between the alleged biological father – presuming that he is in fact the child's biological parent – and the child were considered to be in the child's best interests (Schneider, cited above, § 103; and Kautzor v. Germany, no. 23338/09, § 76, 22 March 2012).
41. The Court also reiterates that themember States' margin of appreciation is wide in respect of the determination of a child's legal status, but is more limited regarding questions of contact and information rights (A.I. v. Poland, no. 28609/08, § 68, 18 February 2014;L.D. and P.K. v. Bulgaria, nos. 7949/11 and 45522/13, 59, 8 December 2016). There will, however, usually be a wide margin of appreciation if the State is required to strike a balance between competing private and public interests or Convention rights (S.H. and Others v. Austria [GC], no. 57813/00, § 94, 3 November 2011; Mandet v. France, no. 30955/12, § 52, 14 January 2016 with further references).
42. The Court observes at the outset that the Court of Appealconsidered that the applicant could not claim contact rights under German civil law in force at that time because he was neither the child's legal father nor had he borne actual responsibility for the child.It further notes that regardingthe possibility to base contact rights on the applicant's alleged biological paternity in bearing in mind the Court's judgments Anayo and Schneider, the Court of Appeal held that thedetermination of the applicant's biological paternity against the legal parents' will was contrary to the child's well‑being;it could, however, leave open this question because contact with the applicant would,in any event,jeopardise the child's well‑being due to the deep conflicts between the legal parents and the applicant and the risk entailed by the fact that the applicant had not ruled out telling the child that he was her biological father. The Court of Appeal, thus, adduced relevant reasons to justify its decision.
43. As regards the decision-making process the Court observes, firstly, that the applicant was directly involved in the proceedings in person and was advised by counsel. Secondly, the Court of Appeal heard not only the applicant, but also the child and the child's legal parents. Furthermore, in taking its decision to refuse contact, the Court of Appeal had regard to the entire family situation and relied on an extensive written statement by the child's guardian ad litem, an experienced psychologist. There is therefore no indication that the judges of the Court of Appeal had based their findings on standardised arguments in favour of social families. Moreover,while it is true that the Court of Appeal refused the applicant's request to establish his paternity, the Court also finds it truethat a court could refrain from ordering a paternity test in cases where the further conditions for contact were not met (compare Schneider, cited above, § 103; see also the Federal Constitutional Court's case-law, paragraph 34).The Court is therefore satisfied that the Court of Appeal's procedural approach was, in this regard, reasonable.
44. Having regard to the foregoing, the Court is satisfied that the domestic courts adduced sufficient reasonsfor their decision to refuse the applicant contact rights and provided the applicant with the requisite protection of his interests.
45. The applicant's complaints are thus manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
46. The applicant complained that the domestic courts' decision to refuse him information about the child's personal circumstances violated his right under Article 8 of the Convention to respect for his private and family life. He further submitted that the domestic courts' failure to investigate sufficiently the relevant facts concerning his relationship with his daughter, in particular his paternity, violated Article 8, read in conjunction with Article 6 of the Convention.The Court considers that the complaint falls to be examined under Article 8 alone.
47. The Government contested that argument.
A. Admissibility
48. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
1. The parties' submissions
(a) The applicant
49. The applicant was of the opinion that the decision refusing him information about the child S. had no legal basis as Article 1686 of the Civil Code was applicable only to the child's parents. The decision had moreover no legitimate aim, nor had it been necessary in a democratic society.The Court of Appeal had only held that the judicial determination of paternity,together with the granting of contact rights, would put the family unit into danger but had not decided that the right to obtain information about the child had been contrary to the child's well-being. Furthermore, the Court of Appeal could have taken evidence regarding the applicant's paternity in an informal manner.
50. The applicant emphasised that the Court of Appeal considered his paternity probable, whereas it qualified the opposing allegations of the child's mother unconvincing. He had had sexual intercourse with the mother around the time of conception, had publicly announced his paternity, had visited the mother in hospital in October 2006, had had contact with the mother until February or March 2007 and had submitted considerable evidence toconfirm his paternity.
51. The Court of Appeal's assumption that the family unit would break up was therefore pure speculation and not based on sustainable evidence. In this respect the applicant observed that the mother's husband had never explained why, in spite of the submitted evidence,he nevertheless claimedto be the child's father. He had never declared either that he would leave the mother in case of determination of the child's paternity. The legal parents' allegation that X's husband trusted the mother's statement regarding paternity amounted to procedural tactics to prevent any contact orinformation rights.
52. The applicant finally complained that, contrary to the Government's observations, the Court of Appeal had not based its decision declining information rights on the written statement of the child's guardianad litem. In any event, a guardianad litemfor the child did not have the same function as a court-appointed expert.
(b) The Government
53. The Government acknowledged that the impugned decision had interfered with the applicant's right to respect for his private life and possibly also for his family life. It was based on Article 1686 of the Civil Code, as in force at the relevant time. At the same time, the Court of Appeal interpreted this provision in the light of the Court's judgments in the cases of Schneider and Anayo(cited above) as also applicable in cases where the biological father wanted information about his child.The Court of Appeal's decision was aimed at protecting the child's best interests, the rights of the legal parents and their children, and was necessary in a democratic society.
54. The Government emphasised that a right to be informed about the child's development could only be granted against the will of the legal parents if the claimant had a close legal or biological relationship with the child. In the present case, it had not been established that the applicant was S.'s biological father, contrary to the situation in the case of Schneider where the German courts had taken their decision on the assumption that the applicant was the biological father. Thus, the child's right to protection of her private life had to prevailin the present case. The applicant had no claim to have his paternity proved, because this would not have been in the child's best interests.
55. The Government took the view that,according to the Court's case‑law, the determination of paternity did not always prevail over the interest of the other persons involved (Jäggi v. Switzerland, no. 58757/00, § 38, 13 July 2006) and national authorities could attach greater weight to the privacy and family interests of a legal (adoptive) family than to the interests of the biological mother (I.S. v. Germany, no. 31021/08, § 86, 5 June 2014). When it came to balancing the different interests at stake the decisive element was the child's well-being (Kautzor,cited above, § 64, K. and T. v. Finland [GC], no. 25702/94, § 135, 12 July 2001).The Court of Appeal had not based its findings on standardised arguments in favour of social familiesbut on a thorough and detailed analysis of the family situation and, in particular, of the child's role within the family unit and the role of the mother's husband towards the child.It reached its conclusions after having orally heard all the persons involved and on the basis of the written statements of the child's curator ad litem, an experienced psychologist.Nothing indicated therefore that the decision‑making process was not fair.
56. The Government finally took the view that the Court of Appeal would have reached the same conclusion under the new legal situation applicable as from 13 July 2013. According to section 167a § 2of the Family Matters Act it is within the family court's discretion to decide whether biological paternity or the question of the child's best interest should be examined first. The determination of paternity can be refused if the person to be tested cannot reasonably be expected to undergo the examination.In this respect, the Government stressed that the unreasonableness had to be assessed both as regards the form of the test as well as the consequences of the result of the test for the person and for relatives of that person.
2. The Court's assessment
57. The Court notes, at the outset, that it was common ground between the parties that the impugned decision constituted an interference with the applicant's right to private life. Having regard to its case-law in cases where it had to decide whether an intended family life fell within the ambit of Article 8 (compare Schneider, cited above, §§79-90) it concludes that the Court of Appeal's decision to refuse the applicant information about S., taking into account the specific circumstances of the case, interfered with his right to respect for his private life (ibid. § 90).
58. This interference constitutes a violation of Article 8 unless it is "in accordance with the law", pursues an aim or aims that are legitimate under paragraph 2 of this provision and can be regarded as "necessary in a democratic society".
59. The Court of Appeal based its decision to refuse the applicant information about S. on Article 1686 of the Civil Codeand leftopen the questionof whether a different conclusion could be drawn when interpreting this provision in the light of the Court's case-law. The decision was aimed at pursuing the best interest of the child andthe rights of her legal parents. It was therefore taken to protect their "rights and freedoms" and, accordingly, pursued a legitimate aim within the meaning of Article 8 § 2.
60. In determining whether the interference was "necessary in a democratic society", the Courtrefers to the principles laid down in its case‑law cited above (paragraphs40-41). The Court would reiterate in particular that the national authorities have the benefit of direct contact with all the persons concerned and that it is not the Court's task to substitute itself for them in the exercise of their responsibilities regarding access issues or issues concerning information about the child's personal development, but rather to review, in the light of the Convention, the decisions taken by those authorities in the exercice of their power of appreciation (Anayo, cited above, § 66, Schneider, cited above, § 94). Furthermore, the existing family ties between the spouses and the children they actually care for warrant protection under the Convention (compare Anayo, cited above, § 70; I.S. v. Germany, cited above, § 86; Krisztián Barnabás Tóth v. Hungary, no. 48494/06, § 35, 12 February 2013; Mandet, cited above, § 56).
61. The Court observes that, at the time of the Court of Appeal's decision, German family law did not provide for the possibility of a judicial examination of the question of whether any relationship, either by way of contact between an- assumed – biological father and his child or by way of providing information about the child, would be in the child's best interests if another man was the child's legal father and if the biological father had not yet borne any responsibility for the child (compare Schneider, cited above, § 92).
62. However, the Court of Appeal did not base its refusal of information rights on the absence of a legal basisin domestic law but because it found that clarifying the paternity issue as a preliminary question would in itselfbe contrary to the well-being of the child, who did not know about the applicant's claims.It argued that if the applicant's biological paternity were established, it could not be ruled out that this might destroy the child's present family as the mother's husband might lose trust in his wife.
63. The Court notes that the Court of Appeal held it morelikely that the applicant was the child's biological father than the mother's husband. According to the Court of Appeal, the latter may have had doubts about his biological paternity but they concluded that he could live with this uncertainty and his attitude had no negative consequences for the child.The Court notes that the Court of Appeal was convinced that if the applicant's biological paternity were to be established against the spouses' will, there was a risk that their marriage would break up, thereby endangering the well‑being of the child who would lose her family unit and her relationships.The Court of Appeal came to this conclusion after a thorough analysis of the child's integration in the family where she felt protected and secure, the role of the mother's husband as father and by taking into account the spouses' difficulties and crisis in the past, which were related to the applicant.
64. The Court further notes that the Court of Appeal was aware of the importance the question of paternity might have for the child in the future, when it would start to ask about her origin, but held that for the time being, it was not in the best interest of the six-year-old child to be confronted with the paternity issue.
65. As regards the decision-making process the Court refers to its considerations made above (see paragraph 43). It notes in particular that the Court of Appeal specifically decided to orally hear the child against the opinion of the child's guardian ad litem. Furthermore, even if the latter in her written statement had only addressed the question of compatibility of contact rights with the child's well-being, the Court of Appeal could extract relevant general information as regards the family in which the child grew up.
66. The Court considerstherefore that the Court of Appeal's decision has been made in the child's best interest and it is satisfied that the latter adduced relevant and sufficient reasons to justify its refusal not only to grant contact rights (seeparagraphs 42-45 above)but also to order the child's parents to provide the applicant with information about the child. It is true thatin this context the Court of Appeal did not specifically address the right to information. In particular, it did not give any weight to the question whether the obligation to provide the applicant with information about the child would haveany significantimpact on the spouses' right to respect of their family life. However, in the specific circumstances of the case, the Court can accept the Court of Appeal's argumentation based on the negative consequences for the child of thedetermination of paternity which was a necessary preliminary condition for granting information rights(see paragraph 25 above).
67. Having regard to these considerations, and bearing in mind the Court's subsidiary role and the State's margin of appreciation, the Court is satisfied that the domestic courts adduced sufficient reasons for their decision to refuse the applicant information rights and provided the applicant with the requisite protection of his interests.
68. There has accordingly been no violation of Article 8 of the Convention.
1. Declaresthe complaint concerning a right to information admissible and the remainder of the application inadmissible;
2. Holdsthat there has been no violation of Article 8 of the Convention.
Done in English, and notified in writing on 26 July 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Erik Møse
Registrar President


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- Protects your listings from inclement conditions.
- Large size fits men's shoe sizes up to 12 and women's size 14 – will fit over boots too.
- Our unique non-skid Traction Tread promotes safety.
- Durable, breathable and water- resistant.
- Reusable
- Sold and priced in packs of 50 pair.


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Work-life Balance with Indies
Posted onInteracting with animals is part of being human, but for the One Good team, it's also a part of the job! There's no question that the Indies our team members care for are members of the One Good family, too.
Our spoken human languages are limited in how we can express the love we have for each other, but animals already knew this. They know it's not just about saying the right thing, it's doing the right thing. There's so many lessons we can learn from them, so we made a blog about it! Read on to see how Indies have contributed in their own little (but big) ways to the work we do: behind the scenes!
We believe that all animals deserve to live their lives without pain or suffering. We believe the way to make that happen is to replace animals in the supply chain with innovative plant-based ingredients. The living, breathing, feeling individuals used for food are no different than Ammu. When Dhivakar sees the love and safety that Ammu enjoys, he thinks about all the animals who aren't as lucky. She inspires him to work harder towards our mission.
Sometimes, work can feel stressful and overwhelming. Thankfully, cats can help ease our troubles, especially when we're working! Take Kittoo (legal name: Kittappa) for example. She loves joining Radhika on work calls by either voicing her opinion or inserting herself in video calls (especially with investors). Kittoo reminds Radhika to take a break, share a laugh with the people we're working with, and to always be curious.
Kanna is more of a sleeping buddy. When Radhika is having a stressful day at work, Kanna supports her emotionally by resting next to her silently. Kanna proves it's not just what you say that counts, it's what you do.
Bella & Chinnu
Spending too much time on work can be a bad habit, and Bella couldn't agree more. When Katelyn works for an extended period of time, Bella finds the opportunity to nudge her way onto Katelyn's lap, forcing her to put the laptop away. But this is good for productivity! When we feel happy and comfortable, we do our best work.
Chinnu knows that the secret to a healthy work environment is laughter. That's why she has no issue lifting the spirits of others by just being herself. When the team meets, she does silly things to keep the mood light. One of her favourite things to do is to run through the grass in the yard. She skips and hops like a bunny, then she comes inside the house panting like a dog. It's hard to keep a straight face on calls when Chinnu is flailing around like this.
Distraction isn't always a bad thing. When work feels like a lot, you have to distract yourself to focus on the little things. FOMO (yes, fear of missing out) lives up to his name and lives life to his fullest. When Shripad is feeling overwhelmed, FOMO is there to distract him. It's his love language!
Bambi & Hachi
Bambi's advice is to work hard, but play harder. When Rohini comes home after a work day, Bambi rips past the stairs to welcome her home. She wastes no time in asking for attention and play time.
At the end of the day, it's all about those you love, especially for Hachi. The moment Rohini walks through the door, Hachi is there wagging his tail, jumping, and standing on his hind legs to say he really missed her. Ah, distance does make the heart grow fonder!
Animals have so much to live for. They enrich our lives by helping our communities flourish and creating better working environments. This is why we do the work we do: it's for animals like them! We believe in a world where cows, pigs, chickens, turkeys, and countless other animals used for food are loved the same way.
Read more about who we are here!


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Tube plugs are a great way to interface 1x1 and 2x1 box tube with other surfaces. They are especially good when clearance is an issue and gussets aren't an option. To use, drill a hole in the box tube, line the threaded portion of the Tube Plug up with the hole, and insert your fastener.
Don't see what you need?
Layout Print(s)
am-4819 Tube Plug for 1x1x.125.pdf
am-4762 Tube Plug for 2x1x.125.pdf
CAD File(s)
am-4762 Tube Plug for 2x1x.125.STEP
am-4819 Tube Plug for 1x1x.125.STEP
The Sushi Roller Intake Wheels are an excellent choice for robot intakes, internal conveyors, feeder mechanisms, or anywhere you need a durable, compact and grippy roller. These rollers are made with a robust polycarbonate hex bore hub, so no external hub is necessary - just slide them onto a hex shaft, constrain them axially and you are good to go. Available in a range of durometers for a wide variety of applications, these cute little rollers are great for getting a grip on things!
The Grasshopper nut, produced with the help of James Cole-Henry from FRC team 95, The Grasshoppers, is an innovative battery solution to increase the reliability of battery terminal connections.
The inside black portion of this wheel is made from molded polycarbonate plastic. The outer tread is TPU (Thermoplastic PolyUrethane). This robust but lightweight wheel provides good traction on carpet and soft tiles. Stealth wheels are the perfect drive wheel for smaller (<50 lb.) robots, or for intakes and other auxiliary robot mechanisms. These wheels are available in a variety of bores and durometers. 4 in. Stealth Wheels feature a 6 bolt pattern on a 1.875 in. bolt circle for mounting sprockets, hubs, and gears. Nub Bore Stealth Wheels feature a 4 bolt pattern on a 16 mm bolt circle found in most FIRST Tech Challenge building systems. The lower the durometer the softer the wheel is, this makes it wear away faster, but also makes it more grippy. Product Usage: Many thread locking materials are not compatible with polycarbonate and can eat away at the plastic. Be sure to check which adhesives are okay to use with this product.
am-3664 2in 5mm Hex Stealth Wheel REV4.PDF
am-3156 2IN 8mm Stealth Wheel REV3.PDF
am-3436 2in 375Hex Stealth Wheel REV3.PDF
am-3155 2in 500Hex Stealth Wheel REV3.PDF
am-3665 4in 5mm Hex Stealth Wheel REV3.PDF
am-2648 4IN 8mm Stealth Wheel REV5.PDF
am-3435 4in 375Hex Stealth Wheel REV3.PDF
am-2647 4in 500Hex Stealth Wheel REV3.PDF
am-3664 2in 5mm Hex Bore Stealth Wheel REV3.STEP
am-3156 2IN 8mm Stealth Wheel.STEP
am-3436 2IN 375Hex Stealth Wheel REV2.STEP
am-3155 2IN 500Hex Stealth Wheel REV2.STEP
am-3665 4IN 5mm Hex Stealth Wheel REV2.STEP
am-2647 4inWheel 500 Hex REV2.STEP
am-3435 4in Wheel Integrated Hub 375 HEX with Tread REV2.STEP
am-2648 4inWheel 8mm Hub REV2.STEP
This spool is used in the Climber in a Box Winch Kit. It's used with 10 feet of Rope to create a strong elevator or winch system.
am-4647_2000 Full Winch Spool For 2 in. Box Tube.STEP
am-4647_1500 Full Winch Spool For 1.5 in. Box Tube.STEP
am-4647_1500 Climber in a Box 1 Stage Winch Spool.pdf
am-4647_2000 Climber in a Box 2 Stage Winch Spool.pdf
This turnbuckle chain tensioner integrates directly with #25 chain. Using a chain tool, the custom 1/4-20 link bolts replace a chain link and have the pin pushed back through it to become part of the chain. Then simply twist the center coupler to tighten or loosen the chain and tighten the jam nuts once your chain tension is perfect.
All parts are made of steel including the coupler and the custom chain link bolts are 1/4-20 thread for increased strength. One link bolt is left hand threaded and the other is right hand threaded, so take care not to mix them up if purchasing multiple sets.
Material: Steel, all of it.
This power connector to the NI 4 Slot cRIO and roboRIO has a push-in spring connector that is easy to use. This can be use in place of the roboRIO Power Sauro Connector CTF020V8.
RED Cordura nylon bumper fabric material. Each piece is 161 x 19.5 inches, enough to cover the entire perimeter of your FRC robot. The material is heavy-duty nylon cloth, much like the material used on backpacks.
Additional Information:
We also have stick-on numbers available (not included with the material).
BLUE Cordura nylon bumper material. Each piece is 161 x 19.5 inches, enough to cover the entire perimeter of your FRC robot. The material is heavy-duty nylon cloth, much like the material used on backpacks. Additional Information:
We also have stick-on numbers available (not included with material).


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Prime Minister of Finland
Date of Birth: 16 November 1985
Age: 38 years old
Zodiac sign: Scorpio
Profession: Prime Minister
Sanna Mirella Marin is a Finnish politician who has been serving as the Prime Minister of Finland since 2019. A member of the Social Democratic Party of Finland (SDP), she has been a Member of Parliament since 2015.
Following Antti Rinne's resignation in the wake of the postal strike controversy, Marin was selected as Prime Minister on 8 December 2019. Taking office at the age of 34, she is the youngest person to hold the office in Finnish history, as well as the world's fourth-youngest state leader after Dritan Abazović of Montenegro, Gabriel Boric of Chile and Ibrahim Traoré of Burkina Faso.
Early political career
Marin's political career was described by the BBC as "beginning at the age of 20", in the years following her high school graduation and beginning her affiliation with the Social Democratic Youth. Marin joined the Social Democratic Youth in 2006 and served as its first vice president from 2010 to 2012.
In 2008, she unsuccessfully ran for election to the City Council of Tampere, but stood again and was elected in the 2012 elections. She became chairwoman of the City Council within months, serving from 2013 to 2017. In 2017, she was re-elected to the City Council. She first gained prominence after video clips of her chairing contentious meetings were shared on YouTube.
Marin was elected second deputy chairman of the SDP in 2014. In 2015, she was elected to the Finnish Parliament as an MP from the electoral district of Pirkanmaa. Four years later, she was re-elected. On 6 June 2019, she became Minister of Transport and Communications.
On 23 August 2020, Marin was elected chair of the SDP, succeeding Antti Rinne.
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Horoscope Scorpio: horoscope for today, horoscope for tomorrow, horoscope for week, horoscope for month, horoscope for year.


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Inmate Cell & Debit Username And Passwords
ConnectNetwork is GTL's authorized deposit and profile management webpage. With many different first deposit approaches offered, ConnectNetwork would be the best and quite a few useful approach to finance a correctional membership.
AdvancePay® Prepaid Phone Accounts
To acknowledge phone calls from a resident during this center, I encourage an AdvancePay is created by you ® prepaid phone account. Prepaid works that are calling positioning money on the phone amount making sure that if your resident calls one the finances are generally deducted from the equilibrium on the prepaid profile.
Offender Cell DEBIT Records
ConnectNetwork PIN Debit (culprit cell Phone) accounts permit you to produce deposits meetme.com log in in an offender's PIN debit cell phone membership.
**Please note- fees may apply to all first deposit strategies. Certain phrases are offered when coming up with a deposit.**
Pursuant to Maryland's Criminal guidelines information, Sections 9-410 and 9-412 through 9-417, it is illegal for a person to produce, provide, or possess with intent to provide contraband inside a place of confinement. These items include but are not restricted to telecommunication gadgets, contraband to effect an escape, weapons of the sort, alcoholic drinks, governed risky compounds, and tobacco.
It really is illegal for someone to first deposit or hide a telecommunication system in or around place of confinement using the intent which it feel acquired from a person detained or confined.
Violators are issue to arrest and will also be prosecuted into the fullest extent degree for the laws. Upon belief, violators happen to be susceptible to imprisonment from periods of 3 to ten years, fines of $1,000 to $5,000, or both.
Visiting Several Hours
Check the DPSCS website for additional weather relevant or hour that is visiting, if any.
All readers must reach least 60 minutes until the close of visitation.
Check outs are permitted while using last digit of the inmate's modifications recognition wide variety and also the matching schedule big date.
General Population and entry Status Thursday & monday – 5:00 p.m. – 8:00 p.m. Saturday and Sunday – 8:00 a.m. – 2:00 p.m. and 5:00 p.m. – 8:00 p.m. length: 1 hour segregation that is administrative psychological state saturday – 12:30 p.m. – 2:00 p.m. period: 1 hour Disciplinary Segregation saturday – 12:30 p.m. – 2:00 p.m. length: half-hour Protective Custody Friday – 12:30 p.m. – 2:00 p.m. length: 60 minutes
Infirmary – (limited to those inmates that happen to be medically in a position to stop by in the browsing room as based on medical staff) Saturday – 1:00 p.m. – 2:00 p.m. length: 1 hour
General Ideas:
Usage of restroom services is forbidden during visitation. The visit will be terminated at that time if either the inmate or a visitor requires the use of the restroom. Remember to keep this in mind whenever seeing with small kids.
An inmate may receive a maximum of two (2) appointments per few days in support of one (1) see per day.
No more than four (4) readers may visit a resident in the past, aside from age, except for children (six months or younger). More than one customer should be a mature.
Visits that take accepted place in the infirmary are generally limited to two (2) sex website visitors.
No bundles, cash requirements, cash or investigations are brought into the institution by website visitors. Inmate mailing should be shipped to your inmate at P.O. Box 535, Jessup, Maryland. Cash purchases should really be shipped to the resident at P.O. Box 17111 Baltimore, MD 21297-1111.
MCI-W Details
Warden: Carol Harmon
Associate Warden: Michelle Pacheco
Fundamental of Security: Nate Denton
Safety Levels: Optimal, Medium, Minimal, Pre-Release
Tourist Outfit Code
All visitors, to include young ones, must dress suitably for visitation. All clothing must protect within the throat for the kneecaps.
The below kinds clothes are not permitted to be donned:
- pipe clothes, tank surfaces, or halter tops
- transparent clothes
- mini-skirts, mini-dresses, shorts, skorts, or culottes (at or over the kneecap)
- form-fitting clothes such as for example leotards, spandex, and tights
- clothing that expose ones midriff, part, or back
- covers or dresses which has revealing necklines and/or splits that are excessive
- applications, outdoor jackets, shawls and connections is going to be positioned in a proper region.
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6776 Reisterstown Road, Baltimore, MD 212156852 Street that is 4th, MD 21784
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The Delhi High Court on Wednesday adjourned a petition filed by Delhi-based businessman Arjun Jain aggrieved by reports on India Today TV channel insinuating his links to the Mumbai Cruise Rave Case, involving Aryan Khan, the son of actor Shah Rukh Khan.
A single-judge bench of Justice Rekha Palli recorded the undertaking rendered by Senior Advocate Hrishikesh Baruah, on behalf of India Today, that it will restrain from publishing about any previous matters related to Jain.
Justice Palli to Senior Advocate Baruah: "Your client will hold its hands. Till I consider this matter tomorrow, you will not publish anything about him. Whatever you can do, do at your own risk but not about Mr. Jain. Make a statement or I'll pass the order." Senior Advocate Baruah hesitantly rendered the undertaking.
Advocate Adit Pujari, appearing on behalf of Arjun Jain, submitted even though Jain was on the ship, he was not contacted by NCB, yet somehow the Respondent 3 (India Today) believes that the Rave/Cruise was organized by Jain.
Between filing of the petition and listing, they have declared me an absconder: Arjun Jain
He added, even if Jain was an accused, he has protection, but here he is not even an accused, but still a reporter went to Jain's House, waiting to speak to the family members of Jain, furthermore trying to ascertain the whereabouts of the petitioner from his watchman.
"The three New Delhi-based directors were New Friend's Colony resident businessman Aman Kumar, Janakpuri resident Gopalji Anand and Chhattarpur resident Arjun Jain. However, within four months, Aman resigned from the board on July 22, while Arjun left the directorship on August 24, earlier this year. This was likely caused by their involvement in a case concerning one of their other companies named White Fox India."
Reading this excerpt from an e-article of India Today Website Pujari stated, India Today has indulged in aforementioned manner, even after knowing that the petitioner is not a director in Namas'cray Experience Private Limited anymore.
Advocate Pujari said: "There have to be some guidelines, we have had Devangana Kalita, Disha Ravi and the Sushant Singh Rajput Case, we cannot have this over and over again."
Advocate Nisha Bhambani, appearing on the behalf of the News Broadcasting and Digital Standards Authority (NBDSA) submitted that NBDSA doesn't have the power to restrict publication. She further added NBDSA has the power to adjudicate and take matters suo motu. "We cannot censor or pre-censor," she said.
The post Aryan Khan arrest: Delhi High Court adjourns petition against India Today TV appeared first on India Legal.


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What's up in
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The pathbreaking geneticist Cassandra Extavour pursues the secrets of multicellular life while balancing careers in both science and singing.
To See Black Holes in Stunning Detail, She Uses 'Echoes' Like a Bat
The astrophysicist Erin Kara measures time lags in black holes' X-ray glows, which reveal the complexity of the objects' closest surroundings.
She Finds the Poetry in Math and the Math in Poetry
The links between math, music and art have been explored for thousands of years. Sarah Hart is now turning a mathematical eye to literature.
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Throughout her 60-year career, Lenore Blum has developed new perspectives on logic and computation while championing women in mathematics and computer science. Now consciousness is on her mind.
She Studies How Addiction Hijacks Learning in the Brain
Erin Calipari works to understand how drugs like opioids and cocaine alter learning circuits and neurochemistry in one of the country's epicenters of substance use disorder and addiction.
The Scientist Who Decodes the Songs of Undersea Volcanoes
In the rumbles and groans of underwater volcanoes, Jackie Caplan-Auerbach finds her favorite harmonies — and clues to the Earth's interior.
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The Experimental Cosmologist Hunting for the First Sunrise
To catch even a whiff of the universe's earliest epochs — an age of darkness, and one of new light — Cynthia Chiang builds her own equipment. Then she deploys it at the ends of the Earth.
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Number theorist Andrew Granville on what mathematics really is — and why objectivity is never quite within reach.


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Pistachios grain is a product used to make great appetizers with fresh cheese, pasta and risotto, in the pastry or in ice cream making art to put as decoration on a creamy pistachio ice cream.
It is made by grinding shelled pistachios.
Pistachios are dry fruits rich in vitamin E, potassium and iron: they have beneficial effects on the skin and help to decrease cholesterol, combat anemia and fluid retention. They are also an excellent source of "good fats "among which we find also the presence of "omega-3 ".We are talking about a real "green gold".
CARATTERISTICHE NUTRIZIONALI (per 100 g) | Medi per 100g /100 ml di prodotto Amount per 100g /100ml of product |
Energia / Energy value | 2581 kj 622 kcal |
Grassi / Fat | 50,6 g |
di cui grassi saturi / Saturated Fat Acids | 11,11 g |
Carboidrati / Carbohydrates | 17,5 g |
di cui zuccheri / Of which sugar | 4,1 g |
Proteine / Protein | 24,1 g |
Fibre / Dietary fiber | 10,3 g |
Sale / Salt | 0,005 g |
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Paint & Autobody Rule (6H)
On January 9, 2008, EPA issued a standard that regulates operations related to the Paint Stripping, Miscellaneous Surface Coating, and Motor Vehicle and Mobile Equipment Operations Area Source category - 40 CFR 63 - Subpart HHHHHH.
Since issuing the standard, the NC Division of Air Quality, NC Small Business Environmental Assistance Program, EPA Region 4 and paint manufacturing companies have engaged in an outreach effort to identify and help autobody shops and facilities comply with the rule.
This rule attempts to reduce emissions of cadmium (Cd), chromium (Cr), lead (Pb), manganese (Mn), and nickel (Ni) emitted during the spray application surface coating operations.
Also, the rule regulates paint stripping operations that remove dried coating using products containing methylene chloride (MeCl).
On November 10, 2022, revisions to 40 CFR 63 Subpart HHHHHH were published in the Federal Register. On or after May 9, 2023, autobody shops may simply submit a notification to the Administrator that they do not spray apply any target HAP containing coatings. A separate petition for exemption is no longer required. Autobody shops are still required to retain records that describe the coatings that are spray applied.
The latest revisions to this federal rule also require all notifications/reports/forms to be submitted electronically to the United States Environmental Protection Agency (US EPA) at https://cdx.epa.gov. A separate copy of each notification/report/form must also be submitted to the appropriate regional office of the North Carolina Division of Air Quality (NC DAQ) at the addresses found here: https://www.deq.nc.gov/DAQ-Regional-Offices.
Operation Categories
Subpart HHHHHH, commonly called 6H, includes three operation categories: Motor Vehicles and Mobile Equipment Operations, Spray-Surface Coating Operations, and Paint Stripping Operations.
Motor Vehicles and Mobile Equipment Surface Coating Operation
The Autobody Shop Rule regulates the spray application of coatings to automobiles, light trucks, heavy duty trucks, buses, construction equipment, self-propelled vehicles, and equipment that may be towed and/or driven on a roadway.
The rule applies:
- If you spray apply, on any part or surface made of metal or plastic or a combination of both, coatings that contain the regulated hazardous air pollutants.
- Or if you spray apply coatings to more than two motor vehicles or a piece of mobile equipment per year.
The rule does not apply to you if you paint personal vehicles, possessions, or property, either as a hobby or for maintenance and when these operations are performed without pay,
The rule requires all autobody shops to submit an initial notification form to the US EPA and the NC DAQ. The initial notification form will guide the autobody shop owner/operator through the process of determining if they are subject to the rule or exempt. Those facilities that are subject to the rule are required to take additional actions including, but not limited to, the following:
- Train/certify all painters on spray gun selection, spray techniques, maintenance, and environmental rules.
- Install and operate filters in ALL spray booths, stations and enclosures to capture at least 98% of the paint overspray.
- Apply spray coatings with a high volume, low pressure (HVLP) spray gun, electrostatic application, airless or air-assisted airless spray gun, or similar application method.
- Clean paint spray guns so that no cleaning solvent or paint residue escapes during cleaning.
Initial Notification/Compliance Form - Every shop must submit an initial notification to report spray-coating operations. For your convenience, the NC DAQ has combined initial, compliance, and annual change notifications into one form. The Initial and Compliance Notification form is a one-time event report.
Annual Change Notification - This form is to report changes in your operations from those previously specified on an earlier 40 CFR 63 Subpart HHHHHH notification form. The Initial Notification/Compliance Form can also be used to report any annual changes in operations.
Petition for Exemption - This form can be submitted on a voluntary basis but is no longer required as recent rule revisions allow exempt facilities to report on their initial notifications or subsequent notifications that they do not use any coatings containing chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni) or cadmium (Cd). This petition only applies to motor vehicle and mobile equipment surface coating operations.
Spray-Applied Surface Coating Operation
Spray-applied surface coating operations, as defined by the rule, are operations using a hand-held device to apply an atomized mist of coating which then deposits the coating on a substrate.
Facilities must comply with this rule if they spray-apply coatings containing chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni) or cadmium (Cd) and the emissions of these regulated pollutants are less than 10 tons per year of a single pollutant, or less than 25 tons per year of a combination of hazardous air pollutants.
Spray-applied surface coating facilities must:
- Submit the Initial Notification/Compliance Form to EPA and NC Division of Air Quality.
- Train/certify all painters on spray gun selection, spray techniques, maintenance, and environmental rules.
- Install and operate filters in ALL spray booths, stations and enclosures to capture at least 98% of the paint overspray.
- Apply spray coatings with a high volume, low pressure (HVLP) spray gun, electrostatic application, airless or air-assisted airless spray gun, or similar application method.
- Clean paint spray guns so that no cleaning solvent or paint residue escapes during cleaning.
Paint Stripping Operation
Facilities must comply with this rule if they perform paint stripping operations to remove dried coatings with products containing methylene chloride (MeCl) on any part or product made of wood, metal, plastic or a combination of these materials and emit less than 10 tons per year.
Paint stripping operations facilities must:
- Submit the Initial Notification/Compliance Form to EPA and NC Division of Air Quality.
- Use best practices to limit the emissions of MeCl.
- Consider alternatives to re-coating without using MeCl to remove dried coating.
- For all work, consider other ways to strip that do not use MeCl.
- Try to reduce MeCl emissions.
- Develop and implement a minimizing plan for MeCl, if you use more than 2,000 pounds per year.
Training, Recordkeeping and Compliance
Records must be kept on file for a period of at least five years.
Autobody Shops and Spray-Applied Surface Coating Operations
- Copies of Initial Notification/Compliance Forms submitted.
- Spray booth filter efficiency documentation.
- Spray gun transfer efficiency.
- Painter training certifications.
Paint Stripping Operations
- Paint stripping MeCl content information, (e.g. MSDS).
- MeCl Annual usage.
- Copy of MeCl minimization plan.
Training Deadlines
- Painters at new sources have 180 days after hire to complete training.
- Refresher training is required at least once every five years following the initial training date.
Compliance Dates
- Existing Sources: January 10, 2011
- New Sources: Upon startup after January 9, 2008
(An affected source is a new source if construction commenced after September 17, 2007, or if new surface coating equipment was installed at a source not actively engaged in miscellaneous surface coating prior to September 17, 2007)
Additional Information
Training DVD
A free 19-minute training video is available, starring former NASCAR driver Jeff Gordon and featuring testimonies from large and small shop owners.
Forms in Spanish
- Initial Notification/Compliance Form (Motor Vehicles and Mobile Equipment Surface Coating Operation)
- Petition for Exemption (Motor Vehicles and Mobile Equipment Surface Coating Operation)
- Initial Notification/Compliance Form (Spray-Applied Surface Coating Operation and Paint Stripping Operation)
If you are a small business owner or operator, please contact the Small Business Environmental Assistance Program (1-877-623-6748) for additional information. If you are a facility operating with an environmental permit or you have plans to build a new facility, please contact the NCDAQ Regional Office closest to you.


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Black History Month: Meet the Innovators Behind P&G's Everyday Innovations
Throughout Black History Month P&G is celebrating our innovators, their career journeys and accomplishments, and the contributions that they make to their work, the innovation behind the products we make and that help make the lives of our consumers better every day.
Jennifer Ahoni, Director of North America Fabric Care Scientific Communications
Jennifer Ahoni is one of the brains behind many of P&G's advanced fabric care solutions like Tide Power PODS and Tide Infinity, the first laundry detergent designed to work in space. Most importantly, she is a mentor.
"I am really proud to have been a part of some truly great teams that have launched amazing products, but what really stands out to me is getting to be a mentor and influencing young women to take an interest in science, particularly young Black women who get to see someone who looks like them working in STEM," says Ahoni.
She has been an integral part of uplifting women innovators at P&G, taking part in workshops and the mentorship programs P&G offers all employees from Day 1. "Exposing young women in the community to the opportunities in STEM and making an impact in this way is one of my greatest accomplishments."
Outside of work, Ahoni loves to travel, immersing herself in new cities and cultures. "Getting outside of your comfort zone and usual surroundings is the best way to learn — the same is true in innovation! You have to think outside the box and look beyond your usual surroundings to solve tough challenges and make breakthroughs!"
Dr. Atiya Jordan-Brown, Senior Hair Care Scientist
Dr. Atiya Jordan-Brown is a P&G Senior Hair Care Scientist working in Scientific Communications, where she collaborates with dermatologists, marketing leaders and P&G Beauty scientists to research the latest hair science technologies and help individuals understand how these game-changers work to meet their hair care needs.
The role keeps her close to brands like Pantene Gold Series, My Black is Beautiful and Head & Shoulders.
"I have experienced challenges throughout my own hair journey as I learned to embrace my coily hair," she says. "Now I enjoy sharing my love of science and hair with others as a career."
Atiya received her Ph.D. in Analytical Chemistry from Louisiana State University. She started at P&G after participating in a three-day on-site program for PhD candidates that showcased research, science and technology career opportunities at P&G.
Outside of work, Atiya has a passion for encouraging young students to pursue STEM careers. "I enjoy learning and bringing the science behind out brands to life," she says.
Veda Wilkins, Plant Manager
Veda Wilkins has spent an impressive 32 years at P&G evolving manufacturing and supporting brands like Secret, Gillette, Old Spice, Dawn, Head & Shoulders and Vicks.
"Manufacturing is where the action comes together," the Chicago Plant Manager says. "You get to quickly see the fruits of your labor while impacting a significant number of people in the plant and surrounding community."
Outside of her direct work with P&G, Veda enjoys mentoring students and encouraging them to pursue STEM degrees. Her best piece of advice for students wanting to enter the engineering, technology or innovation fields is to continue to grow their skills and capabilities. "Be open to continual learning!" she says.
Rolanda Wilkerson, Senior Director, Fellow Beauty Care
After 20 years at P&G, Rolanda Wilkerson is still inspired by her work. She's helping to develop new products and deepen the company's understanding of consumers' varied and unique needs, especially when it comes to P&G's portfolio of Beauty and Haircare brands.
Wilkerson has been an advocate of inclusive product design and works with her peers at P&G to showcase the science behind a suite of products in brands like Olay, My Black is Beautiful, Pantene Gold Series and Head & Shoulders. She is also using the power of the brands to help close the STEM gap for women — and particularly for women of color — worldwide.
"I absolutely love our brands' STEM ambition," Wilkerson says. "It's one thing to develop products that improve people's lives or make them feel better, it's another thing when they believe, by seeing other women in Science as examples, that they can forge their own way and become a scientist too."
Leading Scientific Communications for global skin and haircare brands is no easy feat, which is why her doctorate degree in organic chemistry is a huge asset. A widely recognized leader in her field, Rolanda has appeared in various media outlets and on nationally televised shows to help consumers understand how new beauty technologies and innovations work.
Wilkerson is passionate about motivating young girls to pursue careers in STEM and has advocated for this through her brand work, involvement in various service organizations and personal appearances at events like TEDx. She was recognized as one of LEAD and Venue Magazine's "Great Leaders Under 40", a YWCA Rising Star, a YMCA Black and Latino Achiever and was recently recognized as one of the Cincinnati Regional Chamber of Commerce Making Black History Awardees celebrating the work she's done in STEM and as a scientist throughout her career.
Learn more about Wilkerson's work at our International Day of Women and Girls in Science Event.
Peter Orji, Senior Director, Plant Manager
In his 17+ years at P&G, Senior Director, Plant Manager, Peter Orji has helped talent develop their careers and driven positive change for the company.
Peter has worked in Africa, Europe, Asia and now manages a fabric care plant in North America where he translates innovation to products like Tide Pods, Gain Flings, Dreft and Cheer to meet consumer needs.
His everyday work involves coaching his leaders on execution of P&G's Integrated Work System (IWS) capabilities in the start-up of new lines and initiatives, as well as delivery of an efficient operation across the entire manufacturing facility. IWS is P&G's proprietary and best-in-class, daily operating system that improves manufacturing reliability, reduces costs and empowers our employees to take 100 percent ownership over their direct manufacturing lines.
Outside of work, Peter is pursuing an innovation-centered program at MIT, exploring the challenges, opportunities and fundamental attributes of leading international organizations and how to best drive innovation.
With his vast experience, he finds it difficult to pinpoint one thing he's most proud of, but he says, "My greatest accomplishment is helping select and nurture people to help them achieve their full potential."
Ryan Butler, Brand Director, Secret North America
Innovator Ryan Butler started as an intern at P&G in the summer of 2013. Ten years later he is the Brand Director for Secret North America and has worked on several other personal care brands like Herbal Essence, Ivory and Olay.
Ryan currently leads Secret Deodorant, delivering superior sweat and odor protection in products like the Weightless Dry Spray Antiperspirant Deodorant. Ryan and the team also ensure Secret communicates product superiority in a relevant and relatable way that enables the brand to grow among Gen Z and multicultural consumers.
Ryan's passion for his job comes from the people he works with and the impact he makes.
"I love many things about my job," Ryan says, "but the part that I'm most passionate about is coaching and mentoring people. I love to see my people grow and lead bigger and bigger projects with confidence."
He counts his biggest accomplishment as his work on P&G's film The Look. "The film follows a Black man throughout his typical day to show what he encounters on an all too regular basis. '"The look'" that Black men (and women) get when out in public symbolizes a barrier to acceptance as a result of conscious and unconscious biases. When I heard about the work our A&I team was leading to uncover and understand unique insights about the Black man, I jumped at the opportunity to join the team. I knew I could bring my real-world experiences to this work to deliver an authentic film that resonated with people that look like me."
Ashley Taylor, Senior Hair Care & Research Development Scientist
Dr. Ashley Taylor always wanted to work in the STEM space as a beauty expert.
With a PhD in analytical chemistry and a specialization in surface chemistry and nanomaterials, today Ashley is a P&G Senior Hair Care & Research Development Scientist.
"Living my dream has been a reality in my career," she says. Combining her passion for beauty and STEM, Ashley helps to create product formulations for My Black is Beautiful and Pantene's Gold Series, a breakthrough line designed to provide strength and moisture for women with relaxed, natural or transitioning hair.
"One of my greatest accomplishments was engaging in person with consumers and influencers at @Essence Fest 2022's Beauty Carnival to spread awareness of our technologies in the Pantene Gold Series New Lengths Collection."


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DENVER CO – Twelve in a row. It's easy to drink twelve beers in a row. It's a little tougher to sink twelve free throws in a row. It's a lot tougher to sink twelve putts in a row over ten feet. It's categorically more difficult to win twelve major league baseball games in a row. In fact, there are numerous franchises – including the Mets – that have never done it. Today the St. Louis Cardinals go to Wrigley seeking to win their thirteenth game in a row. Considering that the Cubs suck and are only playing for the best Sunday tee-time, it is conceivable that the Redbirds could sweep the Cubs and set a modern era franchise record at fifteen games in a row. The reward for such a rare feat? Likely a road game in Los Angeles against Max Scherzer that ends the season instantly. In effect that result would simply make the Cardinals the version of the Mets that actually spent their money on a month's worth of Viagra, just to get it up long enough to prematurely blow the end of the postseason.
Personally, I would rather the Cardinals miss the playoffs than prove their virility in September, before bowing out like a shy prom date. There are only two reasons prom dates don't work out: 1) One is a nut not busted. Simply put, one too many wine coolers ends with not making it back to the hotel room. 2) The other is a nut busted too soon. This is fairly self explanatory. This MLB season has yielded a few examples of each.
Nuts Not Busted:
Javier Baez – When I get a few whiskies in me, as is the case while I type this drivel, I find myself throwing myself at anything that moves. The problem for Javier is that first base doesn't move. Mr. Baez is set to lead the league in errors. He might be proud that he made it to second base but his arm couldn't get it to first. This is just one of the reasons the Mets aren't going to make the playoffs.
Dominic Smith – Dom has played 139 games so far in left for the Mets. His OPS is .667 placing him 8th worst in the league for OPS. Simply put, Short Matt could probably pull that off half-schnockered.
Nut's Busted Too Early:
Mets in May 17-9. Mets in August 10-19. Mets in September 8-12. Why did they even bother showing up after the all star break?
Yankees in July 14-9. Yankees in August 21-8. Yankees in September 10-11. The Stanks might climax at the right time or they might blue-ball their entire fan-base by getting just close enough and failing. Personally I hope the Blue Jays win out and ruin the Stanks.
Now I'm going to bust my nut too early and figure out if I can get tickets for the Wild Card game in LA.
That's it for me. Come back for the aforementioned Short Matt tomorrow, who is reportedly catching the first pitch next Thursday at Citi Field.
Go Cards!


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Above: the Port of Kingston
By the Caribbean Journal staff
Revenue at the Kingston Container Terminal has doubled from just under $70 million to approximately $140 million since 2004, according to a report by Dr Alwin Hales, Permanent Secretary in Jamaica's Ministry of Transport and Works.
"[The port] is a major player in the transshipment market," he said "The terminal has maintained its commanding position in the region through sustained efforts and marketing."
Hales said the Ministry was positioning the port of Kingston to become the primary transshipment location in the region after the expansion of the Panama Canal.
Over the last seven years, expansion at the port has increased capacity from 400,000 twenty-foot equivalent units (TEUs) to the current 2.8 million.
The first expansion at the port came in 1995 to 1997, and the second project took place between 2005 and 2008.


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Campus Access Only
All rights reserved. This publication is intended for use solely by faculty, students, and staff of University of the Pacific. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, now known or later developed, including but not limited to photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the author or the publisher.
Date of Award
Document Type
Dissertation - Pacific Access Restricted
Degree Name
Doctor of Education (Ed.D.)
First Advisor
Margaret Anne Langer
First Committee Member
R. Ann Finck
Second Committee Member
Marilyn E. Draheim
Third Committee Member
Nancy Law
Fourth Committee Member
Douglas M. Tedards
The purpose of this study was to determine the efficacy of the use of microcomputers together with the Language Experience Approach in first-grade classrooms for the teaching of writing.
Sample and procedure. The research program involved 111 children from four first-grade classrooms which were chosen on the basis of equivalent socio-economic levels and academic achievement. Three methods of teaching writing were studied: a computer program for word processing, the Language Experience Recorder (LER), concurrent with the Language Experience Approach; the Language Experience Approach (LEA) without computers; and the Basal approach generally used by teachers of the basal reader. Two classrooms were taught with LER, one with LEA and one with Basal. Ten compositions were collected from each child over a period of time from March, 1987 to June, 1987. The first two were evaluated as pretest stories, the last two were evaluated as post-test stories. Four evaluative measures were used to analyze the children's progress: the standardized measure Comprehensive Tests of Basic Skills (CTBS); two computer programs, LER and PC-Style; and a checklist designed by the research. An initial statistical measure, analysis of variance (ANOVA), was used to determine comparability of the groups. An analysis of covariance (ANCOVA) was used to determine significance between scores obtained by the three groups, and independent t tests were used to determine gains within the groups. Ten hypotheses dealt with such components of writing as story length, specific vocabulary use, work length, meaning units, use of compound and complex sentences, unification, and percent of personal words, and with growth in reading and language ability. Results. While all groups gained in writing proficiency, the LEA group made the most gains, scoring high in number of words, meaning units, use of compound and complex sentences, unification, and on the language section of the CTBS. The Basal group scored high on specific vocabulary, average word length and reading on the CTBS. The LER group scored high in use of personal words. The rank order of each group for each measure was relatively stable for the duration of the project. Because length of time spent in writing in individual classrooms and consistency of editing assistance were not controlled, the results of scores between groups were not comparable. However, gains within groups provided significant data and revealed growth in all groups on a majority of the components tested. One-to-one editing sessions with the classroom teacher may have had the greatest influence on first-grade writers. The consistency of one editor with expertise in positive criticism appeared to result in longer, richer and more cohesive compositions. The computer was found to be a valid instrument for teaching writing in first grade, as well as for increasing interest in writing and enhancing children's self-esteem.
Recommended Citation
Wright, Marilyn Joyce. (1990). Word processing and the language experience approach in the first-grade classroom. University of the Pacific, Dissertation - Pacific Access Restricted. https://scholarlycommons.pacific.edu/uop_etds/3088
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