Kernrechtsfrage
Whether the public-law appeal was admissible against an interlocutory order ordering evidence in a child-protection/tutelage matter.
Extrahierter Entscheid
The appeal was inadmissible because, if irreparable harm was alleged, the cantonally available appeal to the Ticino appellate court had to be exhausted first; if no irreparable harm existed, Art. 87(2) OG barred the appeal anyway.
Extrahierte Begründung
Orders taking evidence are interlocutory decisions. Under Art. 86(1) OG, federal public-law appeal lies only against final cantonal decisions. The renewed Ticino case law allowed an appeal against such interlocutory tutelary orders when irreparable harm is invoked, so cantonal remedies were not exhausted.