Facts
The Italian national X. and his wife Y. were divorced on June 29, 2012. Both parties were granted legal aid in these proceedings. On September 10, 2012, X. appealed the divorce judgment and requested a reduction in maintenance payments. He also requested legal aid for the appeal proceedings.
By order dated December 18, 2012, the High Court of the Canton of Solothurn granted both parties full legal aid for the appeal proceedings. A few months later, on March 22, 2013, however, the High Court withdrew X.'s legal aid, as it considered his appeal claims to be hopeless.
Considerations
The Federal Supreme Court overturned the withdrawal of legal aid. It stated that a withdrawal of previously granted legal aid is generally only possible if there has been a deterioration in the prospects of success since the granting of legal aid. However, such a deterioration was not apparent in the present case, as the High Court did not cite any new evidence or…