Jurisdiction for Enforcement of Visitation Rights in Different Cantons

The case concerns the proper venue for enforcing a visitation right established by a provisional measure under civil code provisions during ongoing divorce proceedings, where the custodial parent resides in a different canton than the court that issued the original order. The appellate court reasoned that neither the specific provisions for family law (Art. 15 GestG) nor those for provisional measures (Art. 33 GestG) apply to the execution of a visitation right, as enforcement constitutes a separate procedure distinct from amending or supplementing the original decision. Consequently, the general rule for jurisdiction in civil matters applies, designating the court at the residence of the party against whom enforcement is sought—the child's custodian—as the locally competent authority under the general venue provision (Art. 3 Abs. 1 lit. a GestG).