Facts
The dispute concerns a request for the attribution of custody rights filed by the foster parent of a child. The guardianship authority of the Canton of Vaud rejected this request, and the foster parent appealed this decision to the Federal Tribunal.Considerations
The Federal Tribunal dismissed the appeal. It considered that custody rights, which consist of determining the child's place of residence and mode of care, can only be transferred to a third party within the framework of the establishment of a guardianship and with all decision-making powers concerning the child. When, as in this case, the parent retains parental authority but is deprived of custody rights, the latter can only be attributed to the guardianship authority, in accordance with the legislator's intention.
The Federal Tribunal specified that foster parents have a limited power of representation limited to the daily care and upbringing of the child, but cannot decide on the child's place…