Questione giuridica chiave
Whether the cantonal court violated the mother’s right to be heard by notifying her directly instead of her legal representative and deciding before the response deadline expired.
Decisione estratta
Yes. The mother was under tutelage and had to be notified through her guardian; the defective notification and premature decision prevented effective participation.
Motivazione estratta
Under Art. 67 and 137 CPC by analogy, a represented party must receive procedural acts through the legal representative. The guardian did not validly receive timely notice, so neither she nor the mother could meaningfully react before judgment; this breached Art. 29(2) Cst.