Decision on the Revocation of a Guardian and the Appointment of a New Guardian

Facts

The case concerns A. and B., foster parents, against the Child and Adult Protection Authority (APEA) U. A. and B. have filed an appeal against the decision of the APEA to revoke the guardian E. and to appoint F. as the new guardian, without having previously heard them as foster parents.

Considerations

The Federal Tribunal dismissed the appeal. According to Art. 300 para. 2 CC, the foster parents must be heard before any important decision concerning the placed child. However, the change of a guardian within a professional guardianship generally does not constitute an important decision for the placed child. The revocation of a guardian for just cause is at the discretion of the authority and may be justified when the objective assessment of whether and when a placed child should…