Jurisdiction of the guardianship authority at the domicile of the children for child protection measures

Facts

The Canton of Aargau filed a constitutional law suit against the Canton of St. Gallen to compel the guardianship authority of Degersheim (SG) to take over and continue the child protection measures for children C. and D. The children had been living in a socio-educational community in Eggenwil (AG) since May 27, 2001, after the guardianship authority of Killwangen (AG) had withdrawn the custody of the children from mother B.X. and ordered a guardianship. After the mother moved from Gansingen (AG) to Degersheim (SG), the guardianship authority of Degersheim refused to take over the child protection measures.

Considerations

The Federal Supreme Court decided that according to Art. 315 para. 1 CC, the guardianship authority at the domicile of the children is responsible for child protection measures. The jurisdiction of the authority of residence under Art. 315 para. 2 CC is merely subsidiary. In a conflict of competence between two guardianship authorities, the decisive factor is solely where the parents of the children have their domicile.…