Facts
The parents of [C.] , [A.] and [B.] , lodged an appeal against the judgment of the FJA of the Canton of Thurgau, which confirmed the protective custody and deprivation of parental care over their daughter [C.] . [C.] had been in in-patient treatment at the Psychiatric Clinic Münsterlingen since May 2000. The guardianship authority [X.] ordered the precautionary detention of [C.] in the clinic and deprived the parents of custody over [C.] .
The parents filed a complaint against the deprivation of custody and requested a judicial review of the protective custody. The President of the District Court of Steckborn confirmed the decision of the guardianship authority, and the FJA of the Canton of Thurgau dismissed the parents' appeal.
Considerations
The Federal Court examined the admissibility of the appeal and found that the appeal to the Federal Court is admissible in both cases of protective custody and deprivation of parental care. The Court ruled that the protective custody and deprivation of parental care cannot be reviewed separately, as this could lead to contradictory results.
The Court found that the endangerment of the child's well-being, which gives rise to placement in an institution, must lie in the fact that the child is not protected and promoted in the parental care in the manner necessary for its physical, mental and moral development. In the present case, there was a serious endangerment of [C.] due to severe symptoms of illness and, in particular, suicidal tendencies.
The Court ruled that the parents are not resisting the protective custody, but rather the deprivation of their parental care. The father of…