Facts
This case involves father A., who has filed a complaint with the Federal Supreme Court against the decision of the High Court of the Canton of Thurgau. The father demanded that his daughter C. be placed under joint parental responsibility.
Parents A. and B. have never lived together and have a daughter C., who was born in 2010. Since May 2011, there has been no contact between the father and the daughter. Despite the order of supervised visitation rights and the establishment of a visitation assistance, the father was unable to maintain contact with the daughter, as the mother refused any cooperation.
The Federal Supreme Court has confirmed the decision of the High Court and maintained the sole parental responsibility of the mother. This, although the Federal Supreme Court acknowledges that the situation is unsatisfactory, as the joint parental responsibility, as provided for by law, fails due to the unilateral maternal blockade and the mother, with her attitude of refusal, also acts against the interests of the child.
Considerations
The Federal Supreme Court states that for an effective exercise of parental responsibility, the informational and physical access of the father to the child as well as a minimum of agreement between the parents regarding the child's affairs are required. Since these prerequisites are not met in the present case, a joint parental responsibility would merely be a formal shell that the father could not fill.
Furthermore, the Federal Supreme Court states that the idea of sanctions against…