Facts
The Federal Supreme Court decided that no cantonal complaint can be filed against interim measures of the adult protection authority pursuant to Art. 445 para. 2 CC. The complainant had filed a complaint against interim measures of the civil child and adult protection authority (bKESB), which was not addressed by the High Court of the Canton of Bern.
The Federal Supreme Court explained that according to the case law, complaints against decisions regarding interim measures are generally not admissible, as the cantonal appeal procedure has not been exhausted. Only in exceptional cases, where interim measures have irreversible legal consequences, does the Federal Supreme Court consider complaints.
In adult protection law, the imposition of interim measures generally neither leads to the final loss of rights nor to the irrelevance of the adversarial proceedings before the adult protection authority. Therefore, complaints against interim measures in adult protection are generally not admissible.
Considerations
The Federal Supreme Court justified its decision as follows
Pursuant to Art. 445 para. 2 CC, the adult protection authority may, in cases of particular urgency, take immediate precautionary measures without hearing the parties involved and subsequently give them the opportunity to comment. These interim measures generally neither lead to the final loss of rights nor to the irrelevance of the adversarial proceedings.
Therefore, it is not…