Facts
The case concerns a dispute between Werner [S.] and Katharina [S.] regarding the visitation and vacation rights of their common children, Bernhard, Pia and Peter. On December 19, 1990, the Appellationshof of the canton of BE rendered a divorce judgment granting Werner [S.] visitation and vacation rights. On December 22, 1992, Werner [S.] filed a request to enforce this right, asking Katharina [S.] to take the necessary measures to facilitate the exercise of his visitation right. Meanwhile, Katharina [S.] introduced a request to modify the divorce judgment regarding visitation rights. The Appellationshof of the canton of BE confirmed the decision of the Gerichtspräsident of T. to refuse the enforcement of the visitation right.
The parties involved are: Werner S. (the plaintiff), Katharina S. (the defendant), the Appellationshof of the canton of BE (the court of appeal) and the Gerichtspräsident of T. (the court of first instance). The key dates are: December 19, 1990 (divorce judgment), December 22, 1992 (request to enforce visitation right) and the date of the Appellationshof of the canton of BE's decision (not specified).
Considerations
The court's decision is based on the application of cantonal procedural law for the enforcement of visitation rights. According to the court, the holder of the visitation right must concretely demand the handover of the children according to the modalities set out in the judgment. However, in the present case, Werner S.'s requests were too vague to allow for effective enforcement and potential sanctions in case of non-compliance.
The court also considered that Article 399 ZPO/BE, which provides for the assistance of authorities for the enforcement of judgments, had not been applied in an arbitrary manner. The court estimated that the…