Questão jurídica principal
Whether the children had to be heard personally by the judge under Art. 144(2) CC and Art. 12 CDE.
Decisão extraída
The complaint was inadmissible because the issue had not been raised in the cantonal appeal, and new arguments are barred in a public-law appeal subject to exhaustion of cantonal remedies.
Fundamentação extraída
The Federal Court found no indication that the father had complained below about the absence of a personal hearing by the judge. New factual and legal arguments are generally not admissible at this stage.