Jugement Kantonsgericht (VD - HC/2020/334)

Canton:	VD
Case number:	HC/2020/334

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/334 vom 25.05.2020 (VD)

Date:	25.05.2020
Force of law:	-

Summary:	B.________, a man from [...], has appealed against an order of the Justice of the Peace of the District of Lausanne. The disposition was made by W.________, a woman from [...], obliged to move out of the shared apartment. B.________ argues that the disposition is disproportionate. The appellate judge gives B.________ right and cancels the order. She justifies this by saying that W.________ cannot be forced to leave the shared apartment if she is caring for a child there. More detailed summary: In the underlying case, B.________ and W.________ were a couple who lived in a shared apartment in Lausanne. They had a common child who lived with W.________. On February 4, 2020, the Justice of the Peace of the District of Lausanne issued an order in which W.________ was obliged to move out of the shared apartment. B.________ appealed against this order. In her decision of May 25, 2020, the appellate judge B.________ was right and annulled the order. She justified this by saying that W.________ could not be forced to leave the shared apartment if she was caring for a child there. The judge stated that the order was disproportionate, as it would cause significant disadvantages to W.________ and her child. W.________ would have to look for a new apartment and take care of a new care for your child. This would be a big burden for you and your child. The judge stressed that in this case there are other ways to resolve the conflict between the two parties. For example, ________ could file an eviction lawsuit. In this case, a court would decide whether W.________ must leave the shared apartment. The decision of the appellate judge is an important precedent. It shows that the courts in Switzerland take special care in cases where a child is affected.
Rule of Law:	Art. 100 LTF;Art. 105 CPC;Art. 109 CPC;Art. 241 CPC;Art. 74 LTF;Art. 95 CPC;Art. 96 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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