Facts
In the divorce of his marriage, the appellant X. was granted parental responsibility for his three children. The guardianship authority V. then ordered the preparation of an inventory of the children's assets. X. submitted an inventory on time, but was requested by the authority to also submit detailed bank statements. As X. did not comply with this request, the authority threatened to prepare the child's asset inventory by way of substitute performance. After the deadline expired, the authority carried out the substitute performance and prepared the inventory for the youngest child. X. filed an appeal against this decision, which was dismissed by the High Court of the Canton of Aargau.
Considerations
The Federal Court states that the guardianship authority is authorized to prepare the inventory itself if the holder of parental responsibility is not willing or able to do so. The substitute performance was carried out correctly, as the authority first set a deadline for the submission of the inventory and threatened the substitute performance. The inventory thus prepared serves only a…