Facts
The appellant [A.] and the respondent [B.] are the parents of [C.] , born 2006. Since 2008, they have been living separately and the mother has been granted parental care. The parents have been disputing visitation rights since the end of 2013. The Child and Adult Protection Authority (KESB) [U.] has installed a guardianship and, based on Art. 12 Abs. 4 SchlT CC in conjunction with Art. 298b Abs. 2 CC, has transferred joint parental care to the parents. The mother has filed a complaint and is seeking to have the decision overturned.
The mother alleges a violation of procedural rules, in particular the oral hearing with regard to herself and the child. The Administrative Court of the Canton of Schwyz has dismissed the complaint, and the mother has filed a complaint with the FSCA.
Considerations
The FSCA has upheld the complaint and overturned the decision of the Administrative Court. The hearing of the child is a formal aspect, and the mother has implicitly filed a request for the child to be heard. The Administrative Court rejected the hearing of the child, although the child is nine years old and the hearing could have been requested as a means of evidence.
The FSCA has established that the hearing of the child may not be rejected with the pretext of an unproven loyalty…