Facts
[A.] , born in February 2020, is the child of [B.B.] and [C.] . The parents are not married and have been living separately since December 2019. On July 9, 2020, [A.] filed a claim against [C.] with the Cantonal Court of Zug for the establishment of paternity and the payment of child support. In the course of the proceedings, [C.] acknowledged paternity and applied for the allocation of joint parental responsibility. By decision of May 3, 2021, the Cantonal Court dismissed the paternity claim as moot, placed [A.] under the joint parental responsibility of the mother, waived the order of visitation and vacation rights for the father, and obligated the father to pay child support.
[A.] appealed this decision to the High Court of the Canton of Zug. By judgment of July 22, 2022, the High Court dismissed the appeal, confirming the contested decision to the extent that it entered into it, and adjusted the maintenance contributions ex officio.
Considerations
The Federal Supreme Court declares the judgment of the High Court of the Canton of Zug of July 22, 2022 null and void, insofar as it orders joint parental responsibility. This is because the child's mother - although her legal position was significantly affected by the decision - was not involved as a formal party in the proceedings. A judgment that interferes with the legal sphere of a person who has not been involved in the proceedings suffers from such a serious defect that it must be…