Facts
This case concerns the remuneration of a curator appointed to represent a mother in proceedings to establish the paternity of her unborn child and assert a maintenance claim. The mother, who is herself a lawyer, requested the appointment of a private curator and undertook to cover the curator's fees and expenses. The appointed curator is also a lawyer. The cantonal authority reduced the fees claimed by the curator, considering that full remuneration according to the lawyers' tariff was not justified in this case. The curator appealed against this decision.Considerations
The Federal Court considers that the curator designated as a lawyer is in principle entitled to remuneration calculated on the basis of the professional tariff, unless the ward has little or no assets or income. However, the doctrine and case law accept that the guardianship authority retains a certain discretion to determine the remuneration, in particular by taking into account the economic situation of the ward. In this case, the economic situation of the…