Legislator Case Law & Legislation
30 04 5 • KG LU 30 04 5 AI generated

Child Standing to Appeal Child Protection Order

Case Number 30 04 5
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Inadmissible

Legislator summary

AI generated

The appeal court considered whether a minor child had standing to appeal an administrative order establishing child protective measures, following the mother's appeal where she also purported to act on the child's behalf. The court reasoned that in child protection law, unlike in divorce proceedings, the child lacks independent party status because only the party whose legal interests are directly affected by the order (in this case, the parent with custody) possesses standing to appeal; the child's opinion was already considered through mandated consultation, and because the child's interests might diverge from the mother's, the child could not be represented by the mother in a separate capacity, thus affirming the lower authority's decision to recognize only the mother as a party to the administrative appeal.

Legislator headnote

AI generated

Art. 146 ZGB, Art. 314 Ziff. 1 ZGB, Art. 306 Abs. 2 i.V.m, Art. 392 Ziff. 2 ZGB, Art. 420 Abs. 1 ZGB, Art. 307 ff. ZGB; Child Standing to Appeal Child Protection Order: The court reasoned that in child protection law, unlike in divorce proceedings, the child lacks independent party status because only the party whose legal interests are directly affected by the order (in this case, the parent with custody) possesses standing to appeal; the child's opinion was already considered through mandated consultation, and because the child's interests might diverge from the mother's, the child could not be represented by the mother in a separate capacity, thus affirming the lower authority's decision to recognize only the mother as a party to the administrative appeal.

Keywords

AI generated
standing to appeal child protection proceedings minor child legal opinion only child legal protection

Cited Legislation

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AI generated

Key legal questions extracted by Legislator

AI generated
Art. 307 ff. ZGB

The decision concerns issues related to child protection law governed by these articles, as indicated in the ruling context.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · II. Kammer Rechtsgebiet: · Verwaltungsverfahrensrecht Entscheiddatum: · 02.04.2004 Fallnummer: · 30 04 5 LGVE: · 2004 I Nr. 46 Leitsatz: · Art. 307 ff. ZGB. Im Kindesschutzrecht hat das Kind keine Parteistellung. Rechtskraft: · Diese Entscheidung ist rechtskräftig.