Question juridique clé
Whether, in summary proceedings subject to the investigation principle, the judge had to undertake further factual inquiries despite an convincing expert report.
Solution extraite
In summary proceedings, the judge is not obliged to carry out further inquiries when the expert report is convincing, clear, consistent, and comprehensible; additional steps are only required if the expert appears partial for concretely stated reasons or the report is contradictory or not understandable.
Motifs extraits
The report of Familienberatung Olten-Gösgen, and specifically the assessment by the social worker, was considered highly competent and reliable. No concrete grounds for bias were raised or apparent, and the report contained no contradictions. Therefore, the judge had no reason to order further investigations even under the investigation principle.