Facts
Spouses A. and B. have six children together, of whom the three youngest are under their joint parental custody. After their separation in August 2016, a dispute arose between the parents as to whether the three minor children should be vaccinated against measles in accordance with the recommendations of the Federal Office of Public Health (FOPH). The Civil District Court and the Canton of Basel-Landschaft Court dismissed the father A.'s application to have the children vaccinated.
A. subsequently filed a complaint with the Federal Supreme Court. He requested that B. be obliged to accompany him and have the children vaccinated with the vaccinations recommended by the FOPH.
Considerations
The Federal Supreme Court partially upholds the complaint. It states that in the event of disagreement between jointly custodial parents on the implementation of a measles vaccination for their children, the competent authority, based on Art. 307 para. 1 CC, must decide on the vaccination in the exercise of its discretion instead of the parents.
The Federal Supreme Court considers the refusal of the measles vaccination to be a threat to the child's well-being within the meaning of Art. 307 para. 1 CC. This is because measles is a highly contagious disease that can lead to serious complications and even deaths in children. The protection of the child's health…