Facts
The case concerns a mother, X., whose daughter, A., was born in 1993. A. lived in various children's foster homes from 1997. In April 2002, she was sent back to her mother, but the guardianship was replaced by a curatorship. In April 2004, the guardianship removed A.'s custody from her mother and placed her in a children's home. The mother requested a judgment and the cancellation of the child protection measures, but her request was rejected by the single judge and by the canton of Zurich's court of appeal.
The mother appealed to the Federal Court, arguing that the court of appeal had violated federal law by not conducting an expertise of the child and not hearing her personally. The Federal Court rejected the appeal, considering that the court of appeal had not violated federal law.
Considerations
The Federal Court considered that the expertise of the child was not necessary, as there was no reason to believe that the child was mentally ill. The court of appeal had considered that the child's problems were related to educational difficulties and an unfavorable environment, and not to a mental illness.
The Federal Court also considered that the hearing of the child by the court of appeal, even if it had not been done personally by the judge, was sufficient. The court of appeal had delegated the hearing to a person who had heard the child in her usual environment, which was in accordance with federal law.
The Federal Court concluded that the court of appeal had not violated federal law…