Facts
X., born in 1953, and X.-Z. (now: Y.-Z.), born in 1961, were married on December 13, 1991. A daughter, M., was born from the marriage on June 16, 1992. In August/September 1995, the guardianship authority withdrew the parties' right of custody over M. and restricted X.'s personal contact with his daughter. The criminal proceedings opened against X. on suspicion of sexual assault were discontinued due to lack of evidence of a criminal act.
Upon the wife's claim, the Cantonal Court of Glarus dissolved the parties' marriage, withdrew parental authority from both spouses, established a guardianship over M., and regulated the personal contact and maintenance obligation of the parents towards the child. Both parties sought to obtain parental authority over their daughter through legal remedies. The Higher Court confirmed the first-instance judgment but further restricted the father X.'s contact with his daughter.
By appeal, X. requested the Federal Court to grant him parental authority over M., to grant Y.-Z. an appropriate right of visitation and vacation, and to oblige her to pay maintenance contributions. In the event that parental authority and/or custody should be withdrawn from him, he demanded unrestricted visitation and vacation rights.
Considerations
The Federal Court first clarified the issue of the divorce court's jurisdiction for child protection measures and orders on personal contact. It concluded that the divorce court is authorized to adapt existing child protection measures of the guardianship authority to the changed circumstances and to regulate personal…