Facts
The appellant, the mother of the child, has sued the father of the child for payment of maintenance. She has also filed an application for an advance payment of court costs of CHF 7,000. The District Court of Kriens has dismissed this application. The appellant has lodged a complaint with the Cantonal Court of Lucerne against this decision and requests that the father pay an advance of court costs of CHF 11,000. The Cantonal Court has dismissed the complaint and imposed the procedural costs on the mother.
The appellant has subsequently lodged a complaint with the Federal Court and requests that the father pay an advance of court costs of CHF 11,000 and a party compensation of CHF 3,000. She has also filed an application for free legal aid for the federal court proceedings.
Considerations
The Federal Court has first established that the advance payment of court costs for the child maintenance claim and the question of granting free legal aid in the aforementioned maintenance proceedings are the subject of the federal court proceedings. It has also established that parental maintenance obligations under Art. 277 para. 2 CC generally also include court costs.
The Federal Court has however decided that the appellant does not demonstrate that the refusal of an advance payment of court costs actually threatens to deny her access to the court. It has also established that the appellant does not show that an advance payment of court costs cannot be made available. Therefore, the Federal…