Key legal question
Whether an ordered counseling measure under Art. 307 ZGB should be ordered in the ongoing child-related family dispute.
Extracted holding
The request was refused because the measure was no longer indicated; after more than half a year of litigation and failed attempts to reach a durable agreement, it no longer appeared suited to quickly produce useful results.
Extracted reasoning
The measure is designed to develop, within a short period, a jointly supported proposal on disputed child matters or to provide the court with an unbureaucratic expert assessment as a basis for decision. It is meant to be implemented rapidly, ideally at the beginning of a dispute, before mediation attempts have already failed. Given the duration of the proceedings and the inability of the spouses to turn an initial agreement into a lasting solution, the measure was no longer appropriate.