Jugement Kantonsgericht (VD - 2020/405)

Canton:	VD
Case number:	2020/405

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2020/405 vom 12.05.2020 (VD)

Date:	12.05.2020
Force of law:	-

Summary:	E.________, mother of the child A.A.________, filed an objection to an order issued by the Juge de paix of the Broye-Vully district for a temporary child protection measure. The Chambre des curatelles lifted the order and ordered that the child should remain with his mother. The justification of the Chambre des curatelles is that the order of the Juge de paix was not sufficiently justified and was not justified in the best interests of the child. The Chambre des curatelles further ordered that the Juge de paix should conduct a new hearing of the child and his mother. The verdict is final. More detailed summary: The mother of the child A.A._______ objected to an order issued by the Juge de paix of the Broye-Vully district for a temporary child protection measure. The order stipulated that the child should remain with his father. The Chambre des curatelles lifted the order and ordered that the child should remain with his mother. The justification of the Chambre des curatelles is that the order of the Juge de paix was not sufficiently justified and was not justified in the best interests of the child. The Chambre des curatelles further ordered that the Juge de paix should conduct a new hearing of the child and his mother. The verdict is final. More details: The mother of the child had challenged the order of the Juge de paix because she believed that it was not based on the best interests of the child. She argued that the child with her has a good relationship with his mother, and that the father is not able to provide for the child. The Juge de paix had issued the order because she believed that the child would be better off with his father. She argued that the father has a stable job and that he is able to provide for the child. The Chambre des curatelles joined the mother's reasoning. She found that the order of the Juge de paix was not sufficiently justified and that it was not justified in the best interests of the child. The Chambre des curatelles further ordered that the Juge de paix should conduct a new hearing of the child and his mother. The Juge de paix is to deal in particular with the relationship of the child with his parents and with the question of where the child is better off.
Rule of Law:	Art. 100 LTF;Art. 16 CC;Art. 308 CC;Art. 310 CC;Art. 314 CC;Art. 314a CC;Art. 445 CC;Art. 447 CC;Art. 450 CC;Art. 450a CC;Art. 450d CC;Art. 450f CC;Art. 492 CPC;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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