Decision on provisional measures in favor of a majority child based on Art. 281 CC

Facts

The younger son [A.], born on September 24, 1985, filed a maintenance action against his father X. pursuant to Art. 279 et seq. CC. On April 16, 2008, the President of the District Court of East Vaud ordered provisional measures granting [A.] a maintenance contribution of CHF 1,700 per month as of October 1, 2007. X. filed a nullity appeal with the Cantonal Court of the Canton of Vaud and a civil law appeal with the FC against this order for provisional measures.

Considerations

The FC considered that the provisional measures ordered in favor of a majority child based on Art. 281 CC are distinct from the provisional regulatory measures taken in the context of divorce proceedings (Art. 137(2) CC). While the latter are definitively acquired, the provisional measures under Art. 281 CC constitute an advance execution of what is requested on the merits,…