211.255
LVPAE
CH-VD
CH-VD
Art. 38 LEGGE di applicazione del diritto federale sulla protezione degli adulti e dei minori (LVPAE) - Spese
Titolo III, Capitolo V, Sezione II
Art. 38 LVPAE - Spese · Spese
1. Gli emolumenti e le spese derivanti dalle misure prese in materia di protezione del minore in senso ampio sono a carico dei debitori dell'obbligo di mantenimento del minore.
2. Tuttavia, possono essere ripartiti diversamente o lasciati a carico dello Stato a seconda delle circostanze.
3. Quando il procedimento è stato avviato a seguito di una segnalazione riconosciuta come abusiva, le spese sono a carico del segnalante.
Decisioni giudiziarie che applicano questa disposizione (36)
Arr.t.2023.268 · vd (Art. 38 al. 2 LVPAE)
Termination of Parental Rights Due to Incapacity and Child's Best Interest
This provision was used to order that the second instance judicial costs be borne by the State.
132----------- · vd (art. 38 LVPAE)
Custody Modification Regarding Supervised Visitation Pending Investigation Outcome
This provision was cited to rule on the non-imposition of second instance judicial costs (Order III).
Arr.t.2023.54 · vd (Art. 38 LVPAE)
Appeal Regarding Interim Fee Award and Cost Allocation Due to Denial of Right to Be Heard
Cited in the heading, providing context for the cost allocation rules, although the main ground for annulment was procedural (right to be heard).
Arr.t.2022.801 · vd (Art. 38 LVPAE)
Parental Liability for Curator Fees in Child Protection Case
The sharing of the curator's remuneration between the appellant and the State is decided based on the appellant's indigence, which is related to this article.
17----------- · vd (Art. 38 LVPAE)
Parental Conflict and Curatelle Fee Apportionment
This article, alongside Art. 276 al. 2 CC, governs the allocation of costs for child protection measures between maintenance debtors and the State, relevant to the dispute over fee sharing.
4----------- · vd (art. 38 LVPAE)
Appeal Regarding Child Custody and Parental Authority Transfer
This article is cited in the context of court costs, although the final order directly refers to Art. 21 and 24 (which deal with costs allocation in the lower court decision).
Arr.t.2021.1083 · vd (Art. 38 LVPAE)
Father's Obligation to Pay Guardian Costs Despite Lack of Contact
Cited alongside Art. 276 al. 2 CC as the basis for allocating costs related to child protection measures to the maintenance obligors.
Arr.t.2021.1013 · vd (art. 38 LVPAE)
Curator Fees Allocation Between Indigent Parent and State
This provision was cited in the preamble of the decision, and the reasoning in point 3.1 discusses how its contents (cost allocation for child protection measures) justify changing the cost allocation order.
HC.2021.909 · vd (Art. 38 LVPAE)
Appeal Regarding Expert Fee Determination for Child Visitation Monitoring
Cited in the reasoning when discussing the potential for costs to be borne by the State based on circumstances.
Arr.t.2021.98 · vd (Art. 38 LVPAE)
Parents' Appeal Regarding Curator's Fees in Child Residence Dispute
This provision, concerning the allocation of costs for child protection measures, was cited in the reasoning section leading up to the final orders regarding the dispute over who should bear the costs.
Arr.t.2019.1124 · vd (Art. 38 al. 1 LVPAE)
Father's Appeal Regarding No-Contact Agreement and Cost Allocation Dismissed
Cited in the introductory section and used to establish the basis for allocating costs between the parents (Section 7.2.1).
Arr.t.2018.456 · vd (Art. 38 al. 1 LVPAE)
Parental Conflict and Equal Apportionment of Expert Costs
Cited in the context of the court confirming the decision to charge the appealing parents with costs, as this article governs the allocation of costs for child protection measures.
Arr.t.2018.338 · vd (Art. 38 al. 2 LVPAE)
Parental Costs Allocation in Child Representation Curator Fees Dispute
This provision was used to justify placing the costs of the decision exclusively on the appellant based on his primary responsibility for the need to appoint a representative curator.
Arr.t.2017.678 · vd (Art. 38 LVPAE)
Father's Visitation Restriction Upheld Due to History of Violence and Instability
Cited as the basis for leaving the second instance judicial costs to the charge of the State.
Arr.t.2017.30 · vd (Art. 38 LVPAE)
Parental Rights Termination Appeal Regarding Child Placement and Guardianship
This provision was cited in relation to the allocation of legal costs for the protection of the child proceedings.