Facts
This case concerns a public law appeal and an appeal for reform filed by a husband against the decision of the cantonal court in divorce proceedings. In his public law appeal, the husband challenges the exclusive attribution of parental authority to his wife as well as the assessment of the evidence. In his appeal for reform, he requests joint attribution of parental authority and the elimination or limitation of the pension awarded to his wife.
Considerations
According to the Federal Tribunal, Art. 57(5) FJA generally provides that the public law appeal must be examined first. However, there may be exceptions to this rule, particularly when the appeal for reform appears inadmissible, seems to be admitted based on the factual findings of the cantonal authority, or when certain findings challenged in the public law appeal are not decisive.
In the present case, the Federal Tribunal considers that the examination of the public law appeal will oblige it to refer, on the question of joint parental authority, to the solution adopted in the appeal for reform. Indeed, some grounds of the public law appeal are only…