Jugement Kantonsgericht (VD - HC/2020/189)

Canton:	VD
Case number:	HC/2020/189

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/189 vom 08.04.2020 (VD)

Date:	08.04.2020
Force of law:	-

Summary:	The Zurich High Court has rejected the applications of L.F. and B.F. for the adoption of precautionary measures. L.F. had requested that B.F. leave him the shared apartment. B.F. had requested that L.F. allow her access to the apartment. The court found that both applications were unfounded. L.F. and B.F. are married and have two children together. The court has asked the parties to agree on an amicable solution. More detailed summary: L.F. and B.F. are married and have two children together. In September 2019, L.F. filed a lawsuit against B.F. and requested, among other things, that B.F. had to leave his shared apartment. B.F. requested in the counterclaim that L.F. had to allow her access to the apartment. On September 3, 2019, the President of the Civil Court of the District of La Côte ordered precautionary measures. L.F. was forbidden to enter B.F.'s shared apartment. B.F. was prohibited from denying L.F. access to the apartment. L.F. and B.F. appealed against this order. The Zurich High Court dismissed the appeals on April 8, 2020. The court found that both applications were unfounded. L.F. had stated that B.F. had threatened and harmed him. However, the court did not see any concrete evidence that B.F. poses a danger to L.F. or the common children. B.F. had indeed stated that L.F. wanted to oust her from the shared apartment. However, the court did not see any concrete evidence that L.F. B.F. would deny access to the apartment. The court has asked the parties to agree on an amicable solution.
Rule of Law:	Art. 100 BGG;Art. 106 ZPO;Art. 111 ZPO;Art. 129 ZGB;Art. 179 ZGB;Art. 276 ZPO;Art. 286 ZGB;Art. 308 ZPO;Art. 310 ZPO;Art. 311 ZPO;Art. 314 ZPO;Art. 316 ZPO;Art. 317 ZPO;Art. 4 ZGB;Art. 57 ZPO;Art. 74 BGG;Art. 92 ZPO;
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.

Click here to return to the page search engine.