Questione giuridica chiave
Whether the cantonal appeal proceedings violated the children's right to be heard because the father's appeal was not served on them.
Decisione estratta
Yes. The appellate court decided the father's appeal without giving the children an opportunity to respond, which violated Art. 29(2) of the Constitution.
Motivazione estratta
The right to be heard includes the right to comment before a decision affecting legal interests is taken. Since the appeal contained new facts and documents and was not notified to the children, the procedural guarantee was breached.