Refusal of a Parent's Right of Access

Facts

In this case, the father (the appellant) appealed against the decision of the cantonal court to revoke his right of access to his daughter Catherine. The cantonal court had determined that the father had not seriously cared for his daughter since her birth and that there were other just grounds justifying the withdrawal of his right of access, in particular the fact that Catherine's stepfather fully played the social and psychological role of a parent towards her.

Considerations

The Federal Court dismissed the father's appeal. It recalled that Art. 274 para. 2 CC aims to protect the child and not to punish the parents. The refusal or withdrawal of the right of access can only be justified if the parents' behavior is detrimental to the child's well-being. The Court considered that the father had not seriously cared for his daughter, having had no contact with her since her birth, except for one unsuccessful attempt. The reasons given by the father to justify his lack of interest were not considered convincing.

Furthermore, the Court considered that there was another just ground within the meaning of Art. 274 para. 2 CC, namely the fact that Catherine's stepfather fully played the social and…