Facts
The case concerns the question of whether the mother, as the sole holder of parental responsibility, was entitled to represent her daughter B. in an independent child support lawsuit against the father A., or whether, due to a possible conflict of interest, a guardian ad litem should have been appointed for B.
B. is the daughter of the unmarried parents A. and C., born in 2013. By order dated September 6, 2016, the Child and Adult Protection Authority (KESB) placed B. under the joint parental responsibility of both parents and assigned custody to the mother.
As early as May 19, 2016, i.e. before the KESB's decision, B., represented by her mother, had filed a lawsuit for maintenance against the father A. with the District Court V. The District Court ordered A. to pay monthly contributions to the cash maintenance of his daughter in its decision of December 22, 2016.
A. appealed against this decision and primarily requested a non-entry on the claim. However, the High Court of the Canton of Zurich essentially confirmed the first-instance decision.
A. finally appealed to the Federal Supreme Court to have the contested decision overturned and a non-entry on the claim. Alternatively, he requested the dismissal of the claim and, in a further alternative, its remission to the lower court for a new assessment.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it entered into it.
In its considerations, the Federal Supreme Court stated that the mother, as the sole holder of parental responsibility at the time the maintenance claim was filed, was able to validly commission her daughter B. to file the claim in accordance with Article 304 paragraph 1 of the Swiss Civil Code (ZGB).
Even after the transfer of joint parental responsibility to both parents on September 6, 2016, the Federal Supreme Court saw no reason to appoint a guardian ad litem for B. for the further course of the maintenance proceedings. The…