Facts
A.A. and B.A. are the parents of the children C.A., D.A. and E.A. From June 2011 onwards, the family received family support. On March 5, 2013, the guardian of the Child and Adult Protection Authority U. (KESB) filed a report of endangerment and requested that the parents be given instructions. By decision of December 17, 2014, the KESB removed custody of the three children from the parents and placed them with a foster family.
The parents filed a complaint against this decision of the KESB with the Administrative Court of the Canton of Solothurn, which dismissed the complaint. The parents appeal to the Federal Supreme Court in civil matters and demand that the case be remanded to the lower instance for a public hearing and a personal hearing of the appellants.
Considerations
The Federal Supreme Court examines the appellants' complaints from the perspective of Art. 6 para. 1 ECHR. It concludes that the waiver of a public hearing by the Administrative Court does not violate Art. 6 para. 1 ECHR, as the children are impaired in their health and development and are entitled to protection from the public.
With regard to the claim for an oral hearing and personal hearing of the appellants, the Federal Supreme Court finds that Art. 6 para. 1 ECHR does not grant a formal entitlement to this. However, such an entitlement…