Facts
The dispute opposes A., the mother, and B., the father, regarding the modification of the divorce judgment pronounced in 2008. The father filed a request in 2014 to suspend the mother's right of visitation and to increase the maintenance contribution she must pay for their two children. The District Court of East Vaud partially granted the father's request in 2017. The mother appealed, but the Civil Court of Appeal of the Cantonal Court of the Canton of Vaud confirmed the judgment of first instance.
The mother then appealed to the Federal Tribunal, which partially granted her appeal.
Considerations
The Federal Tribunal considered that when the proceedings are subject to the unlimited inquisitorial principle, as is the case in family law matters (Art. 296(1) CPC), the parties may present nova on appeal even if the restrictive conditions of Art. 317(1) CPC are not met. Indeed, in this type of proceedings, the appellate judge must investigate the facts ex officio ("von Amtes…