Facts
A.A. divorced from B.A. by judgment of April 27, 2022. The judgment in particular prohibited B.A. from contacting A.A. and from approaching within 300 meters of her residence and that of their children. B.A. has repeatedly violated these prohibitions. A.A. therefore requested that B.A. be ordered to wear an electronic device to determine and record his location at all times, in accordance with Art. 28c CC. The President of the Regional Court rejected this request, a decision confirmed by the Supreme Court of the Canton of Bern. A.A. then appealed to the Federal Tribunal.Considerations
The Federal Tribunal upheld the appeal. It considered that the cantonal decision was based on irrelevant criteria and violated the sense of justice and equity. Indeed, Art. 28c CC aims to strengthen the protection of the victim, in particular through a deterrent effect and by allowing the collection of evidence in the event of a violation of the prohibition. Even if this…