Facts
The case concerns a dispute over the children's visitation rights after a divorce. The defendant, who was excluded from parental authority, requested the order of a child welfare guardianship pursuant to Art. 308 para. 2 CC in order to monitor the exercise of the visitation rights. The lower court rejected this, as the mere fact that there were difficulties in exercising the visitation rights did not provide sufficient justification for a child welfare guardianship.
On appeal, it was recognized that there were indeed difficulties in exercising the visitation rights, particularly because the two older sons showed an aversion to the father. However, the plaintiff did not object to the order of a child welfare guardianship to monitor the visitation rights.
Considerations
The Federal Supreme Court states that a child welfare guardianship pursuant to Art. 308 para. 2 CC should be ordered if there is a significant risk that serious conflicts will arise during the exercise of the visitation rights by the parent excluded from parental authority, and the child is fragile or particularly sensitive.
In the present case, the records show that there were already serious difficulties in exercising the visitation rights during the divorce proceedings. Moreover, two of the three children…