Facts
The applicants, mother and daughter, request the granting of free legal aid for the higher court and federal court proceedings in a child protection proceeding. The mother is the unmarried mother of the daughter, and the father, a stateless refugee, is unemployed. The social services of the municipality of [A.] had established a guardianship over the daughter and ordered her placement in a foster family. The mother and daughter applied for the revocation of the guardianship and the granting of free legal aid.
The Higher Court of the Canton of Zurich rejected the application for free legal aid due to the mother's lack of need and set a deadline for payment of an advance on costs. The applicants lodged a complaint with the Federal Court and applied for free legal aid for the higher court and federal court proceedings.
Considerations
The Federal Court examines the jurisdiction of the Higher Court and the admissibility requirements. It finds that the complaint in civil matters is admissible and that the applicants meet the necessary requirements.
The Federal Court then examines the mother's need and finds that she is not in need, as she has a monthly gross income of CHF 5,739 and a tax-free allowance of CHF 1,138.30. The applicants object to an arbitrary determination of the mother's relevant income, but the Federal Court finds that the complaint is unfounded.
The Federal Court also examines the daughter's claim to free legal aid and…