Facts
The appellant [A.A.] and the respondent [B.A.] are married and have two daughters, [C.A.] and [D.A.] . In the context of the marital protection proceedings, the daughters were given the opportunity to express themselves before the first instance. However, the lower court waived a further hearing of the children in the appeal proceedings.
The appellant argues that the lower court was entitled to waive a further hearing of the children, although the daughters had sufficient opportunity to express themselves before the first instance. The respondent, on the other hand, argues that the children had already been heard in the first-instance proceedings and that a further hearing would always be a burden for the children concerned.
Considerations
The Federal Court has dealt with the question of whether the lower court was entitled to waive a further hearing of the children in the appeal proceedings. It found that the lower court did not give the described personality-related aspect of child hearing the necessary consideration and applied Art. 298 para. 1 CPC arbitrarily.
The Federal Court also found that the lower court violated the right to be heard of…