Decision on the active legitimacy of the custodial parent in asserting child support

Facts

[X.] and [Y.] are the unmarried parents of child [A.] . By decisions dated 25 September 2008 and 12 January 2009, the District Court of Werdenberg-Sargans and the Cantonal Court of St. Gallen dismissed the claim for child support filed by the mother [X.] in her own name against the father [Y.] due to lack of active legitimacy. The mother [X.] then filed a civil law appeal against the decision of the Cantonal Court of St. Gallen.

Considerations

The Federal Court states that according to Art. 279 and 289 para. 1 CC, the right to maintenance belongs to the child and the child is also actively legitimized to enforce it procedurally. The legal representative acts on behalf of the child as long as the child is not yet capable of proceeding. A procedural representation of the custodial…