Facts
Mr. A.X. and Mrs. B.X. have been married since 1994 and have three children: E., F. and G. They separated in November 2008 and have been in divorce proceedings since December 2010.
On May 26, 2011, the Court of First Instance of the Canton of Geneva entrusted the custody of the children to their mother and granted the father a right of access, with a curatorship for the organization and supervision of the right of access. This decision was confirmed on appeal on November 4, 2011.
On July 29, 2011, the Deputy Director of the Child Protection Service (SPMi) issued an "emergency clause" immediately suspending the father's right of access to his eldest daughter until further notice. On August 4, 2011, a second emergency clause suspended the father's right of access to the two younger children.
On August 15, 2011, the SPMi brought the matter before the Guardianship Court to have these two emergency clauses ratified. On December 11, 2012, the Guardianship Court ratified these decisions, which were confirmed on appeal by the Supervisory Chamber of the Court of Justice on March 6, 2013.
Considerations
According to the Federal Supreme Court, the "emergency clause" decisions taken by the SPMi under Art. 315a para. 3 no. 2 CC are of a provisional nature, comparable to superprovisional measures.
Therefore, the appeal against the order of the Guardianship Court ratifying these emergency clauses is inadmissible, as the appellant has not…