Facts
By judgment of November 9, 1998, the District Court of Hochdorf dissolved the marriage between V.T. and M.T. and placed the four children under the parental authority of V.T. The District Court refused to grant M.T. visitation rights, but ordered a guardianship for the four children under Art. 308 paras. 1 and 2 of the Swiss Civil Code (ZGB).
V.T. appealed against the order of the guardianship, which was dismissed by the High Court of the Canton of Lucerne. By appeal, V.T. requested the Federal Supreme Court to set aside the judgment of the High Court and to refrain from ordering a guardianship.
Considerations
The Federal Supreme Court states that the order of a guardianship under Art. 308 ZGB is not justified in this case. While the lower courts have rejected a visitation right due to massive problems in the father-child relationship, it cannot be concluded that a guardianship to promote the rapprochement between father and children would be indicated.
If reasons of the child's well-being stand in the way of personal contact and the requirements for supervised visitation rights are also not met,…