Facts
The case concerns a minor child, [A.], born on March 9, 2010, whose mother, B., had a relationship with X., an American citizen, from January 2009 to January 2010. The child's father is not established. On May 18, 2010, the Justice of the Peace of the Lavaux-Oron district appointed a curator to represent child [A.] in a disavowal action brought against him, as well as to subsequently bring an action to establish paternity and claim child support in his name and on his behalf.
On November 19, 2010, [A.], represented by his curator, filed a conciliation request with the Justice of the Peace of the Lavaux-Oron district, seeking to have X. declared his father and to have him contribute to his maintenance. A non-conciliation act was issued on February 1, 2011. On February 28, he brought an action to establish paternity and claim child support before the Civil Court of the Eastern Vaud district.
The President of the Civil Court of the Eastern Vaud district ruled on July 15, 2011, by way of provisional measures, ordering X. to pay [A.] a monthly maintenance contribution of CHF 3,500, plus any potential family allowances, as of March 9, 2010. By judgment of October 11, 2011, the Delegate Judge of the Civil Appeal Court of the Vaud Cantonal Court partially admitted X.'s appeal and amended the appealed order, reducing the pension to CHF 2,550 per month, as of July 1, 2010.
Considerations
The contested decision is based on former art. 283 CC (= art. 303 para. 2 let. b CPC), which provides that when paternity is presumed and remains so after the administration of immediately available evidence, the defendant must, at the request of the claimant, even before judgment, contribute fairly to the child's maintenance. This concerns anticipatory enforcement measures, not regulatory measures.
The decision ordering these measures is an incidental decision within the meaning of art. 93 para. 1 FSCA. For this decision to be appealable, it must cause irreparable harm or…