Facts
The facts are as follows
- Spouses X. had two daughters born in 1987 and 1988.
- On July 12, 1990, X. killed his wife. He was sentenced to 13 years of imprisonment, with a scheduled release from prison on October 10, 2003.
- The Youth Protection Service proposed to remove the children's custody from X. and entrust it to Y., with the addition of a representation guardianship. The Guardianship Chamber made a decision in line with these proposals.
- X. appealed against this decision, requesting that the custody be returned to him upon his release and that he be granted extensive visitation rights.
- The Guardianship Chamber then invited the Cantonal Supervisory Authority to examine the possibility of pronouncing a withdrawal of parental authority from X.
- The Cantonal Supervisory Authority ultimately withdrew parental authority from X. over his two daughters.
Considerations
According to the Federal Tribunal, the father's incarceration for a long period, at a certain distance from the children's place of residence, can be equated to a "similar reason" to absence within the meaning of Art. 311 para. 1 no. 1 CC. Indeed, this situation prevents the father from fulfilling all the obligations implied by parental authority, particularly with regard to the…