Facts
On 12 April 1983, M. X. was born as the daughter of N. X. O. [Y.] acknowledged the girl as his child on 14 April 1983. The competent guardianship authority informed the child's mother that according to the law, a guardian had to be appointed for an extramarital child, but this order would be waived if the father acknowledged the child within 30 days and signed a maintenance agreement.
On 5 May 1983, a custody agreement was concluded between O. [Y.] and M. X., represented by the mother. However, the guardianship authority came to the conclusion that this agreement could not be considered a maintenance agreement within the meaning of Art. 287 of the Swiss Civil Code (ZGB), and therefore ordered a guardianship under Art. 308 para. 2 ZGB on 2 June 1983.
N. X. filed a complaint against the guardianship authority's decision, which was dismissed by the District Council and the Directorate of Justice of the Canton of Zurich. N. X. appealed the decision of the Directorate of Justice to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that in the situation of an extramarital child, the assistance of a guardian is usually necessary in order to obtain a contractual or judicial determination of maintenance contributions, so that they can be enforced against the father. The mother, as the holder of parental authority, is often too reluctant to assert the child's claims against the father.
However, the appointment of a guardian…