Family dispute in the canton of Schwyz Mother sues godfather and godmother in federal court
A dispute between a mother and the godfather of her child with trisomy 21 leads to the Federal Supreme Court. The case raises fundamental questions about the limits of Kesb notifications and defamation.
No time? blue News summarizes for you
- The godparents accused the mother of emotionally rejecting and neglecting her son with trisomy 21.
- As a result, the mother was reported to the Kesb. A dispute ensues up to the Federal Court.
- The Federal Supreme Court considers the statements made by the godparents in the Kesb report to be potentially defamatory and demands an investigation.
- In the opinion of the highest judges, the cantonal court must now re-examine the case.
A dispute between a mother and the godparents of her child with trisomy 21 has pushed the Federal Supreme Court to its limits. It was triggered by a risk report submitted by the godparents to the child and adult protection authority (Kesb), as reported by the "Bote der Urschweiz".
In it, they accused the mother of not supporting her son according to his needs and rejecting him emotionally. These statements led to considerable tensions - and legal consequences.
Escalation after Kesb report
In their report, the godparents claimed that the mother had never accepted her child and had even called him a "monster" at the beginning. They also claimed that the boy was being neglected in many ways: he spent most of his time alone, was fed an unhealthy diet and did not receive any age-appropriate support. These accusations not only caused outrage among the mother, but also fear of losing custody.
The mother responded by filing a criminal complaint for libel and defamation. She stated that the statements had put her under severe psychological strain and even led to health problems. She demanded 5,000 francs in compensation.
However, the public prosecutor's office of the canton of Schwyz and the cantonal court saw no reason to pursue the criminal complaint. According to the cantonal court, the objectionable passages in the Kesb report were formulated in a factual manner and were customary for such proceedings.
Federal Court disagrees
The Federal Supreme Court does not share this assessment. It considers the godparents' statements to be "fundamentally defamatory". In particular, the accusation that the child was emotionally rejected by the mother and used as leverage in the divorce proceedings was likely to cause massive damage to the mother's reputation.
In the opinion of the highest judges, the cantonal court must re-examine the case. The godparents should be given the opportunity to prove the accuracy of their statements. The decisive factor is whether they acted in good faith or deliberately made false claims - only the latter could be punishable.
Relevance for future Kesb reports
The case sheds light on the difficult balancing act involved in reporting endangerment. On the one hand, such reports must clearly state abuses in order to protect the welfare of a child. On the other hand, they can cause considerable harm to those affected if they are insufficiently based or exaggerated.
The ruling of the Federal Supreme Court underlines that the limits of defamation must not be exceeded in Kesb reports either. At the same time, however, it emphasizes that criminal liability only exists if it can be proven that the accusations were made against better knowledge.
The final decision now lies once again with the cantonal court, which must reassess the case in light of the Federal Supreme Court's guidelines.
