Facts
[A.] and [B.] are the unmarried parents of [C.] (born 2009). Since birth, [C.] has been under the sole parental responsibility of the mother. On July 30, 2014, [B.] (respondent) applied for the transfer of joint parental responsibility to the parents. The Child and Adult Protection Authority of Ausserschwyz (KESB) granted this request by decision of December 9, 2015.
[A.] (appellant) subsequently filed a complaint with the Administrative Court of the Canton of Schwyz and requested that she be granted sole parental responsibility. The Administrative Court dismissed the complaint by decision of June 28, 2016.
[A.] now appeals to the Federal Supreme Court with the request to grant her sole parental responsibility over [C.] by setting aside the decision of the Administrative Court.
Considerations
The Federal Supreme Court considers that joint parental responsibility is the principle and the allocation of sole responsibility or the retention of sole parental responsibility is the narrowly limited exception. In order to deviate from the principle of joint parental responsibility, there must be serious and persistent parental conflicts or persistent inability to communicate, which have a negative impact on the child's well-being.
In the present case, the Administrative Court has indeed found that there are significant conflicts between the parents and that adequate communication does not take place. However, the Federal Supreme Court does not…