Kesb's opponent loses federal court – his daughter (16 years old) can stay with father-in-law – Switzerland

A judge wants transparency

Schöbi is an expert in the field. Prior to his election as a federal judge, he pursued a career with the Federal Office of Justice, where he was co-author, under the leadership of the then Minister of Justice, Christoph Blocher (SVP), of the Kesb law. As a judge, he defends them now with passion.

But Schöbi does not agree with his colleagues. He wrongly finds that the Administrative Court of Solothurn, as the previous instance and first instance, dismissed a public hearing on the case. This not only excluded the public. Imhof also did not have the opportunity to explain his concerns to Solothurn at the entire court. He was only allowed to speak with an examining judge.

The Justice of the Cabinet Fears

Normally, Swiss federal judges do not change their argument when they argue. But Schöbi is angry. Because he sees nothing less than the control of democracy in danger. He emphasizes that the principle of the judiciary is enshrined in the European Convention on Human Rights. Schöbi says: "The Kesb is strongly criticized, this can only be countered if the courts openly hear Kesb's decisions."

The Solothurn Administrative Court saw its verdict formulated in the privacy of the premises to protect the private life of the girl. From Schöbis' point of view, the lower instance could have taken this request into consideration in another way. She could have excluded the public only during the hearing of the girl.

Schöbi becomes after Imhof the second loser of the day: His request is rejected by the other four judges. However, Schöbi wins a partial victory: he can convince his colleagues that Kesb decisions must fundamentally be negotiated publicly and exceptionally – as in the present case – that they could be used differently.

Nicolas von Werdt (SVP), president of the Second Civil Court Ministry, initially argued that all family law matters should be heard behind closed doors. But Schöbi can prevent that with his plea.
Following the verdict, Imhof paces the courthouse with impunity. He tries to understand the lessons learned. "For me, as a father, the verdict is a disaster," he says. He would prefer to challenge it before the European Court of Human Rights in Strasbourg: "But I do not have the financial means."
Even with a victory in Strasbourg, his fight would not be won . He has chances only in the public of denied justice. If he was to get by, the Solothurn should start a new trial. But you could decide again soon. Laura would have grown up long ago

* The name of the girl has changed.