Guardianship Authority Obligation in Contested Assistant Appointment

In a dispute between unmarried parents regarding the appointment of a guardian or assistant for their child following the establishment of an upbringing assistance measure, the higher court overturned the decision of the higher administrative authority that had substituted the initial appointment. The court reasoned that when the parents propose different candidates for the assistant role, the guardianship authority is legally obligated, according to relevant civil code articles, to appoint an independent and neutral person, as the role requires a neutral third party to mediate visitation issues, and it is not proper for a supervisory authority to make the new appointment directly upon finding error, but rather to refer the matter back to the initial authority for a fresh selection.