Facts
A.X. and B.X. are the parents of C. (born 1990) and grandparents of their daughter D. (born 2009). C. is supported by the Social Welfare Office Y. The Political Municipality Y. initiated proceedings at the District Court of St. Gallen for the payment of relative support contributions against A.X. and B.X. The appellants requested the dismissal of the claim, insofar as it is to be considered against them.
The lower court decided that the dispute was to be judged in the simplified procedure. Against this, the appellants filed an appeal with the request that the dispute be judged in the ordinary procedure.
Considerations
The Federal Supreme Court states that the ordinary procedure pursuant to Art. 219 et seq. CPC is to be applied for the claim of an adult person for relative support. Art. 329 para. 3 CC does not contain a reference to the simplified procedure under Art. 295 et seq. CPC, which is provided for in matters concerning children.
The legislative materials do not provide a clear answer on how the procedure is to be designed in the case of claims by adult persons for relative…