Facts
- [A.] (born 1952, Swiss citizen) and [C.B.] (born 1981, Kosovar national) married in 2004 in Kosovo. The marriage was divorced in 2010. - [C.B.] gave birth to a son, [B.B.] , in 2010. [A.] acknowledged [B.B.] as his child in 2010. - The Migration Office of the Canton of Zurich revoked the settlement permit of [C.B.] in 2011. However, the Federal Supreme Court confirmed that [C.B.] retains the right of residence as the mother of a Swiss child, as long as the acknowledgment of paternity has not been successfully challenged. - In 2013, the Municipal Office of the Canton of Zurich, the City of Winterthur, and the Municipality of Flums-Dorf filed a lawsuit against [A.] and [B.B.] to challenge the acknowledgment of paternity and demanded the dissolution of the parent-child relationship. - The Single Judge at the District Court of Winterthur ordered in 2014 that a DNA expert opinion be prepared to clarify the genetic paternity. [A.] filed a complaint against this order.Considerations
- The Federal Supreme Court considers the order for a DNA expert opinion to be a permissible interim decision, against which a complaint can be filed. There is an irreparable disadvantage, as the intervention in the physical integrity of the complainant is reinforced by the threat of punishment under Art. 292 of the Swiss Criminal Code. - The public interest in clarifying the descent justifies the intervention in the physical integrity of…