Facts
X. (husband) and Z. (wife) married in February 1979 and have three children. In response to the wife's request for marital protection dated March 2, 2011, the Olten-Gösgen Judicial Office regulated the spouses' separation with a judgment dated July 8, 2011. The court obligated the husband to make monthly maintenance payments to the wife as well as maintenance contributions for the three children.
The husband filed an appeal to the Cantonal Court of Solothurn on July 22, 2011. His request in the appeal was: "The maintenance contributions to be paid by the appellant should be determined, taking into account the considerations in the following reasoning. Subject to costs and compensation." The Cantonal Court did not enter into the appeal due to insufficient requests (lack of quantification).
The husband (appellant) requested the Federal Court to set aside the Cantonal Court's judgment and remand the matter for a substantive assessment to the Cantonal Court. The Federal Court dismissed the appeal.
Considerations
The Federal Court stated that according to Art. 311 CPC, the appeal submission must contain requests. These must be so specific that they can be incorporated into the judgment unchanged in the event the claim is upheld. For monetary claims, the requests must therefore be quantified.
The principle of ex officio inquiry under Art. 296 para. 3 CPC, according to which the court decides on matters concerning children in family law matters without being bound by the…