Facts

Parties: [A.] (appellant) and [B.] (respondent).

Facts:

  • [A.] and [B.] married in 2004 and divorced in 2008. They have a common daughter, [C.] .
  • In the divorce judgment, it was agreed that the visitation rights for [C.] should be regulated out of court and that [B.] should pay monthly child support of EUR 200.--.
  • In 2016, [B.] filed a lawsuit with the District Court of Schwyz to terminate his maintenance obligation and to demand court-ordered visitation rights.
  • The District Court of Schwyz regulated the visitation rights in a judgment of April 19, 2018, which provided for contacts every two weeks, which were to be gradually extended to a weekend.
  • [A.] filed an appeal with the Cantonal Court of Schwyz, which dismissed the appeal and confirmed the judgment of the District Court.
  • [A.] then filed an appeal with the Federal Supreme Court, which was dismissed.

Considerations

1. Admissibility of the appeal The appeal is directed against the final decision of the last cantonal instance and is admissible, as it concerns a civil matter without financial value and the appellant is entitled to appeal under Art. 76 para. 1 FSCA.

2. New facts and evidence New facts and evidence may only be presented in the federal appeal procedure to the extent that the decision of the lower court gives rise to them. The handwritten letter from [C.] dated January 8, 2020 is irrelevant as a genuine novelty, as it is dated after the contested judgment.

3. Review of discretionary decisions The Federal Supreme Court exercises restraint in reviewing discretionary decisions. It only intervenes if the cantonal court has deviated from recognized principles without reason or has disregarded relevant circumstances.

4. Establishment of facts The Federal Supreme Court bases its judgment on the findings of the lower court, unless they are obviously incorrect or arbitrary. The appellant must demonstrate how the correction of the alleged deficiencies could be decisive for the outcome of the proceedings.

5. Visitation rights and child's best interests According to Art. 273 para. 1 CC, parents and the minor child have a mutual right to appropriate personal contact. The child's best interests are the supreme guideline for the design of personal contact. The child's will is one of several criteria, with the age and ability to form autonomous will to be considered.

6. Hearing of the child The hearing of the child is both an expression of its personality…