Question juridique clé
Whether new legal requests may be introduced for the first time in a rekurs against a marriage protection order.
Solution extraite
No. In marriage protection proceedings, new requests are not admissible before the appellate instance.
Motifs extraits
The court confirmed its earlier practice: admissibility of an amendment of requests depends on a change in the procedural basis and is not automatic. Allowing new requests on appeal would shift matters that could be brought before the marriage protection judge to the appellate court, contrary to procedural economy and the allocation of jurisdiction. The written nature of the appeal procedure also makes it less suitable for deciding new requests than the oral first-instance procedure.