Dismissal of appeal against custody and maintenance arrangement

Facts

Parties: [A.] (appellant) against [B.] and [C.] (respondents).

Facts: [A.] and [C.] are the unmarried, separated parents of [B.] (born 2016). [B.] is under the joint legal custody of his parents and lives with his mother. On December 18, 2019, [B.] and [C.] filed a lawsuit against [A.] for maintenance and regarding further child-related matters with the District Court of Willisau. On January 21, 2021, the District Court rendered its judgment, placing [B.] under the sole custody of the mother and obliging [A.] to make monthly maintenance payments. [A.] appealed this judgment, and [B.] and [C.] filed a cross-appeal with the Cantonal Court of Lucerne. By judgment of September 8, 2022, the Cantonal Court confirmed the custody arrangement, adjusted the care arrangement, and re-regulated maintenance. [A.] then filed an appeal in civil matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court first examines the admissibility of the appeal and finds that it is formally sufficiently reasoned and meets the requirements for an appeal in civil matters. It then addresses the appellant's hearing complaint and finds that in civil proceedings against a minor child, the constitutional right to be heard does not serve to limit the procedural risks of the parent obliged to pay maintenance. The Federal Supreme Court also points out that the prohibition of deterioration in the case of a cross-appeal does not apply and that the appellant must assess the chances and risks of the appeal proceedings himself.

Subsequently, the Federal Supreme Court examines the appellant's complaint that the previous court did not hear the respondent 1. The Federal Supreme Court finds that the respondent 1 was not yet six years old at the time of the challenged judgment and therefore no child hearing was to be conducted. It also points out that the appellant has not mentioned any special circumstances that would justify a deviation from the threshold age.

The Federal Supreme Court then addresses the question of alternating custody and finds that the previous court rightly established that the parents are…