Facts
The case concerns a legal dispute between B. and A. (the mother) regarding the change of residence of their children and the father's right of access. The High Court of the Canton of Zurich overturned the decision of the District Court and referred the matter back for supplementary proceedings and a new decision. At the same time, it decided to dismiss the mother's request for legal aid for the appeal proceedings.
The mother filed a complaint against this decision and requested the revocation of the refusal of legal aid.
Considerations
The Federal Court decided that the obligation to assist the other cohabiting partner in legal disputes by providing advance costs is of a matrimonial nature and can only affect spouses, not cohabiting partners. However, the fact of the common household can be taken into account in the calculation of the need of the cohabiting partner conducting the proceedings.
The High Court had incorrectly assumed that the cohabiting partner was obliged to support the…