Question juridique clé
How must the fee of a lawyer appointed as child representative under Art. 299 ZPO be determined?
Solution extraite
The child representative is to be compensated from the court funds, and where the canton has no specific rules, the remuneration of an appointed lawyer should be fixed by analogous application of the cantonal lawyer fee tariff.
Motifs extraits
Costs of child representation in family proceedings are court costs under Art. 95(2)(e) ZPO. Under Art. 96 ZPO, the cantons set the tariffs for process costs, but the Canton of Zurich had not enacted specific rules for representation under Art. 299(1) ZPO. For an appointed attorney, it is therefore appropriate to apply the ordinance on lawyer fees by analogy.