Revocation of the visiting and vacation rights of the appellants and denial of the right to information and inspection

Facts

This case involved the withdrawal of the visiting and vacation rights as well as the denial of the right to information and inspection towards the appellants in relation to the child [E.] . The appellants [B.] and [A.] had previously had regular contact with [E.] when she was still placed in a children's home.

In 2010, [E.] was removed from parental care and placed in a children's home due to reports of endangerment by the guardianship authority of Itingen. From 2011 onwards, [B.] and [A.] were able to regularly visit and spend vacations with [E.] . In 2015, the removal of care was lifted and the right to determine the child's place of residence was assigned to the child's father [C.] . Subsequently, the Child and Adult Protection Authority (KESB) Gelterkinden-Sissach restricted the visiting and vacation rights of the appellants and denied them the right to information and inspection.

[B.] and [A.] filed appeals against these decisions of the KESB with the Cantonal Court of Basel-Landschaft, which dismissed the appeals. The appellants then filed civil law appeals with the Federal Supreme Court.

Considerations

The Federal Supreme Court first dealt with the territorial jurisdiction of the KESB Gelterkinden-Sissach. It concluded that the authority was still competent despite [E.] 's move to the father's family in February 2016, as there were important reasons within the meaning of Art. 442 para. 5 CC that prevented an immediate transfer of the measure. The authority wanted to avoid jeopardizing the stability of [E.] 's new living situation.

Furthermore, the Federal Supreme Court denied a violation of the…