Facts
X. and A. are the parents of the children B. and A. After a dispute between X. and Y., the elder daughter B. temporarily took in the younger brother A., whereupon the Child and Youth Service (KJD) of the Canton of Basel-Stadt initiated further investigations. The parents X. and Y. as well as A. unsuccessfully appealed against these measures up to the Federal Supreme Court.
The Federal Supreme Court did not enter into the civil law appeal, as the current practical interest of the appellants in the determination of the unlawfulness of the child protection measures had ceased to exist at the latest by the end of January 2013. The appellants were referred to the possibility of a liability claim under Art. 454 of the Swiss Civil Code (ZGB).
Considerations
The Federal Supreme Court states that according to Art. 76 para. 1 lit. b of the Federal Supreme Court Act (BGG), only those who have a legitimate interest in the revocation or amendment of the contested decision are entitled to appeal in civil matters. This current and practical interest must also still exist at the time of the Federal Supreme Court's judgment.
In the present case, the appellant A. was no longer with his sister, and the investigations of the KJD were completed by the end of January 2013. Therefore, the appellants' current practical interest in the appeal…