Facts
The appellant [X.] is involved in several proceedings in the canton of Nidwalden related to the failure of his marriage with [Z.]. In particular, it concerns the out-of-home placement of his son [Y.] by the guardianship authority [A.] on June 28, 2010. The appellant has filed various appeals against this out-of-home placement and other decisions in this context, some of which are still pending.
On May 23, 2012, the appellant filed an appeal for denial of justice and delay of justice against the Cantonal Government of Nidwalden and the Supervisory Commission of the Cantonal Council. He requested a finding that, in particular, the right to a decision within a reasonable time and the right to a fair trial had been violated in the proceedings concerning the legality and proportionality of the out-of-home placement. Furthermore, he demanded that the Supervisory Commission be instructed to deal with an earlier supervisory complaint immediately.
Considerations
The Federal Supreme Court did not enter into the appeal. It stated that the appeal for denial or delay of justice is not a separate type of appeal, but rather depends on which area of law the decision that is allegedly denied or unduly delayed belongs to. In the present case, the appeal primarily concerns the out-of-home placement of a child, so the appeal in civil matters pursuant to Art. 72 et seq. BGG is applicable.
The Federal Supreme Court further stated that according to Art. 94 BGG,…