Facts
[A.], born in 1965, and Mrs. [A.], born in 1970, were married on April 30, 2003 and had two children. They terminated their cohabitation in October 2007. In June 2010, each spouse filed a unilateral divorce petition accompanied by a request for urgent and interim pre-provisional measures. On February 4, 2011, the Court of First Instance of Geneva rendered a decision on interim measures, in particular on the father's right of access and the maintenance contribution. The legal remedy indicated was an appeal within 30 days. On April 14, 2011, [A.] filed an appeal, but it was declared inadmissible by the Court of Justice on August 26, 2011, on the grounds that the appeal deadline was 10 days according to the CPC.Considerations
The DFC allowed A.'s appeal against this decision. It considered that, although the court of first instance had applied the former accelerated cantonal procedure, the 10-day appeal deadline provided for in Art. 314 para. 1 CPC applied due to the transitional law. However, the DFC ruled that the protection of good faith should be…