Facts
The unmarried father [A.A.] and the mother [B.B.] are the parents of the sons [C.B.] (born 1997) and [D.B.] (born 1999) as well as the daughter [E.B.] (born 2002). After the separation of the parents, there was a breakdown of contact between the father and the children. The father made several court proceedings to resume and enforce the right of access, which, however, failed due to the mother's and the children's rejection.
The High Court of the Canton of Zurich, in its judgment of 30 January 2015, determined the personal contact between the father and the children as follows: The father and the children meet for a joint meal on the first Sunday of the month from 11:30 a.m. to 1:30 p.m. at the father's house and on the third Tuesday of the month from 6:00 p.m. to 8:00 p.m. at the [B.] family's apartment in [U.] . The mother has assured that she will not be present on these evenings.
The father appealed against this judgment to the Federal Supreme Court. He demanded that the originally ordered right of access of 25 June 2008 be confirmed and that the Child and Adult Protection Authority (KESB) Uster be instructed to implement it immediately.
Considerations
The Federal Supreme Court dismissed the appeal. It considered the new regulation of personal contact by the High Court to be in accordance with federal law. Despite the difficult relationship between the father and the children as well as the children's rejection of the father, the restriction of the right of access to regular joint meals was considered reasonable. A complete exclusion of the father from personal contact would have been permissible only as a last resort, which was not the case here.
Furthermore,…