Facts
[Y.] and X. married in 1985 and have four children together: L. (born 15.02.1986), G. (born 24.02.1987), F. (born 03.04.1989) and T. (born 02.03.1991). After the divorce proceedings were initiated on 18.11.1998, the President of the District Court of Unterlandquart on 03.02.2000 assigned the children to the care and upbringing of the mother [Y.] for the duration of the proceedings and placed them under her sole custody. X. was granted visitation rights and was obligated to pay maintenance contributions. X. filed an appeal against this order, which the District Court Committee of Unterlandquart dismissed on 03.05.2000.
X. is now filing a constitutional appeal with the Federal Court, among other things for violation of Art. 9 of the Federal Constitution, and requests the annulment of the contested ancillary judgment.
Considerations
The Federal Court upholds the constitutional appeal and annuls the contested ancillary judgment.
According to Art. 144 para. 1 of the Swiss Civil Code, the parents must be heard in person if orders concerning the children are to be made. Pursuant to para. 2 of the same provision, the children must also be heard in person by the court or a commissioned third party, unless…