Custody Dispute: Duty to Investigate and Issue Orders Under Child Protection Law

In a case concerning the custody and parental authority of an unmarried couple's child, where the father had requested regulation of these matters, the lower authority improperly dismissed the application without entering proceedings. The reviewing court held that the guardianship authority, under child protection law (Art. 307 ff. ZGB), is bound by an investigative maxim and must make the necessary orders as it deems appropriate, irrespective of the specific request made by an applicant, meaning it could not simply refuse to address the substance by issuing a non-entry decision, even if the requested remedy (like child custody withdrawal) fell outside its sole competence, as it was obligated either to examine alternative measures or forward the file to the competent supervisory authority.