Facts

Parties: The parents (appellants) against the Child and Adult Protection Authority of the district of Emmen (KESB).

Facts:

  • [C.A.] (born 2008) is the daughter of [B.A.] (mother) and [A.A.] (father).
  • The KESB withdrew the parents' right to determine the place of residence of the child due to the suspicion of a planned forced marriage and placed the child in an institution.
  • The parents filed an administrative court appeal with the Cantonal Court of Lucerne, which dismissed the appeal.
  • The parents filed a civil appeal with the Federal Supreme Court, requesting the annulment of the Cantonal Court's judgment and the restoration of the right to determine the place of residence.

Considerations

The appeal is directed against a final decision of the last cantonal instance concerning the parents' right to determine the place of residence. The Federal Supreme Court examines with free cognition whether the contested decision violates the law. The appellants request the annulment of the entire decision of the Cantonal Court, but the appeal is to be considered accordingly, as the appellants agree to the grant of free legal aid in the previous instance.

The Federal Supreme Court bases its judgment on the facts established by the previous instance. New facts and evidence may only be presented before the Federal Supreme Court to the extent that the decision of the previous instance gives rise to them. The appellants have presented various new facts and submitted new evidence before the Federal Supreme Court, which, however, are irrelevant to the extent that they arose after the decision of the Cantonal Court.

Parental authority includes the right to determine the place of residence of the child. The withdrawal of the right to determine the place of residence must be suitable and necessary to avert a danger to the child's well-being. The contested measure is intended to counter a twofold danger to the daughter: the risk of a forced marriage and the absence of the child from the institution with an unknown place of residence. The…