Question juridique clé
Whether the child was entitled to appointment of a representative curator in the provisional custody proceedings.
Solution extraite
No. The court held that Article 12 CRC guarantees the child's right to be heard, not a right to party status or automatic procedural representation; appointment under Article 314a bis CC / 299 CPC is discretionary unless the child specifically requests it and the request is admissible.
Motifs extraits
The child had already been personally heard by the first-instance authority. A curator is not mandatory even in custody disputes, especially where the child was already represented by a guardian/tutor informed of the proceedings and able to convey the child's position.