The mother is deceased, the father disposed of – is that okay?
In an emotionally charged case, the Federal Supreme Court has upheld a decision by the Solothurn Child and Adult Protection Authority (KESB). The daughter, now 16, may continue to live with her stepfather, along with her older sister. The biological father had fought against this and wanted his daughter to live with him, but she refused.
The ruling by the Child and Adult Protection Authority (KESB) and the Federal Court seems strange at first glance. One is inclined to think that the biological father has priority. In this case, however, both daughters clearly do not want to see their father. The older daughter is already an adult and can therefore decide for herself. The younger daughter, on the other hand, does not want to be separated from her sister, but she is still under parental custody, which is why the KESB had to decide.
It's quite obvious that things went wrong in the past. Unfortunately, we don't know anything about it. Theoretically, there are two possible scenarios. Either this is a classic case of parental alienation, where the children reject their father because their mother has convinced them so. Or, there are genuine reasons why both daughters reject their father. We simply don't know.
In both cases, the KESB's decision is harsh and difficult to accept, but probably correct nonetheless. The children's primary residence is with their stepfather. The children want to live there, and apparently there is no reason to prevent this.
As difficult as it is, in this case the children's wishes must be taken into account.
The father is advised to re-establish contact with his daughters as much as possible so that they can become a family again in the future, even without living together.
And if this turns out to be a case of alienation, the Child and Adult Protection Authority (KESB) would be well advised to intervene earlier and more precisely in the future. Unfortunately, we are aware of several such cases, particularly at the KESB in Solothurn, where the authority does not perform well.