Facts
The case concerns a dispute between the unmarried parents [A.A.] (daughter) and [B.B.] (mother) against [C.A.] (father) regarding interim measures concerning child support, custody and personal contact, before the maintenance claim was filed.
The daughter, represented by the mother, filed a request for interim measures with the District Court of Rheinfelden. The District Court assigned custody to the mother, regulated the personal contact and obliged the father to pay maintenance. On the father's appeal, the High Court of the Canton of Aargau set aside the first instance judgment and did not enter into the request for interim measures.
Considerations
The Federal Court confirmed the decision of the High Court. It stated that according to the prevailing legal doctrine, interim measures under Art. 303 para. 1 CPC can only be ordered once the maintenance claim is pending. Although the appellants' argument was not unfounded that it constitutes a significant interference in a man's legal sphere if the effects of a parent-child relationship arise before paternity is clarified, it was nevertheless not entirely untenable for the lower court to have based its opinion on the view that…