Facts
A. and B. exercise joint custody over their two children C. and D. in accordance with a court agreement. Since the beginning of 2018, divorce proceedings have been pending between the parties. In spring 2018, mother B. requested that the existing custody arrangement be adjusted, as she wanted to move with the two children to Thun as of July 1, 2018.
By decision of July 5, 2018, the District Court of Brig, Östlich Raron and Goms transferred custody of the two children to mother B. and allowed her to relocate the children's residence to Thun and the surrounding area, while regulating the father A.'s visitation and vacation rights. Against this decision, father A. filed an appeal and requested the suspensive effect. The Cantonal Court of Valais dismissed the request for suspensive effect.
Against this decision, father A. filed a civil law appeal on August 16, 2018, requesting its annulment and immediate granting of the suspensive effect for the cantonal appeal proceedings.
Considerations
The Federal Supreme Court states that in the case of a previously practiced alternating custody, the change of the child's residence during the appeal proceedings is generally not to be permitted, in order to avoid prejudicing the decision on the merits. The suspensive effect is only to be refused or withdrawn in cases of real urgency, as the principle of continuity takes precedence.
Furthermore, a general restraint is to be exercised in the case of emigration, as this would result in…