Facts
The complainant, [Z.] , and the respondent, [Y.] , are spouses whose divorce proceedings are pending before the District Court of Gelterkinden. In the context of the proceedings on provisional measures, the custody of the two children, [X.] and [W.] , was changed several times. Initially, the children were placed in the custody of the mother, later in the alternating custody of both parents, and finally in the sole custody of the father. The Cantonal Court of Basel-Landschaft ultimately decided to place the children in a home and instructed the home management to decide on the visitation and vacation arrangements.
The complainant filed a constitutional complaint against this decision and alleged a violation of her right to be heard, a violation of the children's right to be heard, and an arbitrary decision by the Cantonal Court.
Considerations
The Federal Court admitted the complaint and examined the complainant's allegations. It found that the complainant's right to be heard had not been violated, as she had been able to express herself on the topic of the children's placement in a home before both instances.
The Federal Court also found that the children did not need to be heard, as they had already been questioned in the context of an expert opinion and a further hearing by the court was not necessary. The judicial hearing of the child is to be omitted if it could lead to an impairment of the child's health or mental balance.
The Federal Court also rejected the allegation of arbitrariness, as the Cantonal Court had…