Kernrechtsfrage
Whether the cantonal court had to obtain the pending criminal file under the inquisitorial principle
Extrahierter Entscheid
The cantonal court could refuse the requested criminal file after an anticipatory assessment of the existing evidence.
Extrahierte Begründung
Art. 145 CC requires ex officio fact-finding, but it does not bar the judge from concluding that further evidence would not change the view already formed.