Facts
The appellant [A.D.] (born 1967) and the respondent [B.D.] (born 1978) have been married since 2008 and have a common daughter [C.D.] . Since 1 April 2014, the spouses have been living separately. On 8 April 2016, [B.D.] filed for divorce at the District Court of Zurich. [A.D.] then filed for divorce and, as a precautionary measure, requested permission to relocate the daughter's residence to Warsaw (PL). The District Court granted this as a precautionary measure. [B.D.] appealed against this order to the Cantonal Court of Zurich. [A.D.] then requested legal aid and legal representation for the appeal proceedings, which the Cantonal Court, however, rejected.Considerations
The FSCA considers the appeal to be admissible in principle, as it is an interim decision that can cause irreparable harm. However, the appeal can only allege a violation of constitutional rights, as it concerns precautionary measures in the context of a divorce. The FSCA concludes that the Cantonal Court rightly justified the rejection of legal aid on the grounds that the appellant neither filed a request for the respondent to provide a security deposit for the legal costs nor explained why such a request…