Kernrechtsfrage
Whether the parties' settlement on provisional child measures could be ratified on appeal
Extrahierter Entscheid
The settlement was ratified as an order for provisional measures because it matched the parties' will and protected the child's welfare.
Extrahierte Begründung
Under Art. 241 CPC, a settlement has the effect of a final decision; in child matters the court remains bound by the official maxim under Art. 296 CPC, but here the agreement was compatible with the prior divorce judgment, the expert recommendation, and the SPJ's view, and did not harm the child.