Facts
[X.] and [Y.] are the unmarried parents of their daughter [A.] , born on 16 July 2009. On 22 June 2010, they concluded an agreement on the maintenance and care of their child, which provided that the child would be cared for by both parents in equal shares, i.e. two and a half days per five working days plus Saturday or Sunday or every other weekend. This childcare arrangement was also to apply in the event of a dissolution of the joint household (alternating model).
In June 2011, the parents separated and have since not lived in the same household. On 15 June 2012, the Child Protection Authority of Basel-City, after hearing the social worker and the parents, modified the childcare arrangement in such a way that the child would spend two days per week alternately and three days (with overnight stays) with the father in the following week. After a period of four months, the child was to spend two days per week alternately and four days with the father in the following week.
Considerations
The Federal Supreme Court states that the Child Protection Authority was competent to re-regulate the childcare shares, as custody is part of parental responsibility and both the re-regulation of parental responsibility and custody fall within the competence of the Child Protection Authority in the context of child protection measures.
The Federal Supreme Court considers the requirements of Art. 298a(2) CC for a modification of the…