Appointment of Educational Guardian Due to Parental Conflict over Child's Special Schooling

Where separated parents fundamentally disagree on essential issues concerning their child, such as the need for special schooling due to Attention Deficit Hyperactivity Disorder (ADHS), and the exercise of visitation rights is also problematic, the court found the appointment of an educational guardian pursuant to Article 308 of the Civil Code is warranted because the persistent conflict endangers the child's welfare by undermining the basis for joint parental authority. The court reasoned that given the high level of conflict and the parents' inability to cooperate on critical decisions affecting the child's personal development, an intervention stronger than mere guidance was necessary, justifying both the support and coordination role of a guardian (Art. 308 Abs. 1 und 2 ZGB) and a limitation on parental authority regarding the disputed educational matter (Art. 308 Abs. 3 ZGB) to protect the child's best interests.