Facts
The case concerns two boys whose parents have divorced and have been deprived of parental authority. The children were placed with their maternal grandmother, then with other members of the mother's family. The father contested the decision to place the children with their mother, but the court rejected his request.
The mother, the guardian, and the guardianship commission of the city of Berne filed a nullity appeal with the Federal Court against the decision of the government of the canton of Berne. They requested the annulment of the decision and the referral of the case for a new decision.
Considerations
The Federal Court examined the question of whether the guardian may entrust the child to one of the parents for their maintenance and education without the authorization of the divorce judge. The court considered that the guardian may make this decision without the authorization of the divorce judge, provided that the circumstances have changed in such a way that the placement with the father or mother is not hindered by any serious obstacle.
The court also examined the question of whether the guardian's decision to place the children with their mother directly affects the father's legal situation. The court considered that the guardian's decision does not directly affect the father's legal situation,…