Kernrechtsfrage
Whether the refusal to order production of criminal complaints violated the duty to investigate and the right to evidence
Extrahierter Entscheid
No. The complaints were not apt to prove a relevant risk to the child, so their exclusion was permissible.
Extrahierte Begründung
The courts may refuse evidence by anticipatory assessment when it is irrelevant or not suitable to prove a fact decisive for the child’s welfare; allegations of violence against the mother or grandmother did not establish danger in the visitation context.