Questione giuridica chiave
Whether the definitive deprivation of the parents' residence determination right was lawful
Decisione estratta
No definitive deprivation was justified at this stage; the measure was replaced by confirmation of the prior superprovisional arrangement.
Motivazione estratta
A deprivation under Art. 310 ZGB requires an unavoidably remediable child endangerment. The file did not sufficiently establish that threshold, and a severe measure could not be imposed merely preventively. The lack of hearing of the nearly 17-year-old child also amounted to a serious breach of the right to be heard.