Key legal question
Which court is competent for a complaint against the placement of a minor for treatment of a mental disorder, or alternatively against the removal of parental custody?
Extracted holding
The Administrative Court is competent for complaints challenging the protective placement itself; if the complaint in substance attacks only the removal of parental custody and thus the material prerequisites under Art. 310(1) CC, the Obergericht, Chamber for Child and Adult Protection, is competent.
Extracted reasoning
Competence depends on the substance of the complaint. A challenge to the placement falls under § 67q(1)(b) EG ZGB, whereas a challenge directed only against the parental-custody measure is governed by § 65d EG ZGB in conjunction with § 10(1)(c) EG ZPO and Annex 1 to the Obergericht’s rules on allocation of business.