Question juridique clé
Whether the temporary placement of the child with the father was lawful under child protection law.
Solution extraite
A guardian may determine the child’s residence and may, based on the child’s welfare, place the child with a parent even if both parents were deprived of parental authority.
Motifs extraits
Under Art. 327c ZGB the guardian has the same rights as parents and therefore may decide on the child’s whereabouts. The decisive criterion is the child’s welfare; a placement with a parent is not equivalent to restoring custody to that parent.