Facts
This case concerns the application of the father (appellant) for the transfer of sole or joint parental responsibility for his daughter [C.B.] . The daughter has been living with the mother (respondent) so far, who also has sole parental responsibility. Due to conflicts between the parents and problems of the daughter, she was placed in an institution on the recommendation of the Child and Adult Protection Authority (KESB).
The father initially applied to the KESB for the transfer of sole or joint parental responsibility to himself. This application was rejected by the KESB. The father then filed a complaint with the High Court of the Canton of Bern, which also dismissed the complaint.
The father then appealed the decision of the High Court to the Federal Supreme Court in a civil law matter.
Considerations
The Federal Supreme Court first examined whether the appeal should be admitted. It concluded that the appellant did not meet the requirements for reasoning, insofar as he applied for the transfer of custody, visitation rights and an assessment of the mother.
With regard to the issue of parental responsibility, the Federal Supreme Court found that a new regulation of parental responsibility under Art. 298d ZGB is possible if this is necessary for the…