Facts
The appellant, father of two children, and the appellee, mother of the children, have divorced. In 2006, parental custody was transferred to the mother and visitation rights were granted to the father. In 2007, a guardianship was established to mediate in visitation rights conflicts. The guardian applied in 2009 for an order of accompanied visitation rights, which was confirmed by the guardianship authority and the cantonal instances. The father lodged a complaint in civil matters and a subsidiary constitutional complaint against the decision of the High Court of the Canton of Zurich.
The children, [S.] and [T.] , had shown behavioral problems after the parents' separation, such as aggression, stuttering, and nausea. The guardian and the Institute [V.] had prepared reports emphasizing the need for accompanied visitation rights. The father had refused to establish contact with the children and had returned the children's gifts unopened.
Considerations
The Federal Court has confirmed the decision of the High Court of the Canton of Zurich and dismissed the father's application for free legal aid. The court has found that the conditions for restricting visitation rights and suspending holiday rights are met. The children must first be able to develop trust again in the reliability of personal contact with the father.
The court has also found that the father's claim that he has done nothing wrong and that there are no grounds for restricting visitation rights is unfounded. The accompanied visitation rights for six months are a necessary and appropriate means of enabling the children to regain trust in a protected environment, reduce fears and behavioral problems, and ideally build a normal relationship with their father…