Appeal on grounds of denial of the right to be heard
Appeals on the ground of lack of hearing concern a typical question of Swiss family and procedural law. For the legal assessment, what matters is not catchwords or personal attributions, but the established facts, the relevant legal basis and the concrete effects of the measure requested or ordered.
Courts must distinguish between parties' submissions, documented facts, evidence, and their own findings. An application does not by itself prove its factual prerequisites. Conversely, a relevant, substantiated fact must not be disregarded solely because it was introduced by a party.
In family law, the welfare of the child is central in matters concerning children. At the same time, procedural guarantees such as the right to be heard, access to files, comprehensible reasoning and a proper assessment of the evidence apply. Interventions must be suitable, necessary and proportionate.
A good legal record therefore specifies the date, document type, author or official role, the content of the specific act and its procedural status. It avoids motives that are not substantiated, and explicitly indicates whether something is a party’s allegation, an authority’s action, a judicial finding or an editorial classification.
For those affected it is regularly crucial to keep their own chronology complete, to retain submissions and service documents, and to pay attention to clear applications. Where the facts change, it must be examined whether new facts can still be introduced in the ongoing proceedings and which legal remedies are available.
Further articles
Editorial specialist article. Not individual legal advice. Before publication, the status of legislation and case law and the sources must be checked again.