Facts
In this case, it concerned a judicially determined maintenance contribution for two children, which the father (A.T.) later wanted to revoke. The mother had assigned the maintenance claims to the guardianship authority of the city of Illnau-Effretikon, which then advanced the contributions. A.T. later agreed to a proposal whereby the stepfather would adopt the children and in return A.T. would waive the right of visitation. However, the guardianship authority did not approve this agreement.
The District Court of Winterthur dismissed the guardianship authority's application for definitive enforcement, as it considered the correspondence from January 1985 to be a valid maintenance waiver contract. The guardianship authority then filed a constitutional appeal against the decision of the High Court of the Canton of Zurich.
Considerations
The Federal Court upheld the appeal. It stated that according to Art. 287 para. 1 CC, maintenance agreements for children only become binding with the approval of the guardianship authority. The same must also apply if a judicially or contractually determined maintenance contribution is subsequently revoked.
However, the guardianship authority had never formally approved the maintenance waiver contract from January 1985. The High Court had assumed that the guardianship authority had agreed to the proposal, as the youth secretary had acted as its representative. However, the…