Facts
This case concerns the visitation rights of a father to his daughter and the appointment of a guardian. The father (appellant) had appealed against the judgment of the Court of Appeal, which had restricted the visitation rights and ordered the appointment of a guardian under Art. 308 para. 2 of the Swiss Civil Code (ZGB) to monitor the personal contact between the father and the child.
The Court of Appeal had restricted the visitation rights because the exercise of the visitation rights had already been accompanied by difficulties during the divorce proceedings and by the child's reluctant attitude. Furthermore, it ordered a guardianship to enable and monitor the personal contact despite the tensions between the parents.
Considerations
The Federal Supreme Court decided that the visitation rights should generally be granted in the usual scope, even if their exercise is associated with conflicts. A denial of visitation rights requires a clear and unambiguous inappropriateness that cannot be remedied by a special regulation of the visitation rights.
Regarding the guardianship, the Federal Supreme Court clarified that the guardian may be entrusted with the…