Liability of the Canton of Origin for the Permanent Placement of a Minor Child

Facts

The case concerns the issue of liability for the support of a minor child who, due to permanent placement, has established a separate place of residence for support purposes pursuant to Art. 7 para. 3 lit. c ZUG.

The minor child L. was cared for by his custodial mother in X. in the Canton of Solothurn from July 1, 1999 until the beginning of his schooling at the boarding school Y. in the Canton of Bern in mid-October 2010. With his entry into the boarding school Y., L. either established a separate place of residence for support purposes pursuant to Art. 7 para. 3 lit. c ZUG or continued to share the place of residence for support purposes of his mother.

The Canton of Zurich as the appellant and the Canton of Solothurn as the respondent disputed whether L. had established an independent place of residence for support purposes and whether this resulted in a liability of the Canton of Zurich as the canton of origin pursuant to Art. 16 para. 1 ZUG.

Considerations

The Federal Supreme Court decided that L. either continued to share the place of residence for support purposes of his mother in X./SO or established a separate place of residence for support purposes at the last joint residence with his mother in X./SO pursuant to Art. 7 para. 3 lit. c ZUG.

Since L. did not leave the Canton of Solothurn, the duration of his residence in Solothurn is credited to him in accordance with Art. 8 lit. c ZUG. Therefore, there is no liability of the Canton of Zurich as the canton of origin pursuant to Art. 16 para. 1 ZUG.

The Federal Supreme Court states that Art. 9 para. 1 ZUG, according to which a change of residence from the canton of residence…