Facts
The spouses Z. have been married since April 1984 and have a son named Markus, who was born on February 6, 1986. Since January 27, 1988, the spouses have been living separately. On May 19, 1989, the District Court dissolved the marriage of the parties and placed the child Markus under the parental authority of the plaintiff. The defendant appealed against this judgment to the Federal Court and requested that the child Markus be placed under her parental authority.
Considerations
The Federal Court dismissed the defendant's appeal. It stated that the child's best interests must be the primary consideration in the assignment of the child. Since the child Markus was already intensively cared for by the father in his first months of life, the mother does not have a natural priority. Both parents have the necessary skills to care for the child well, so the principle of equal rights of both parents must be observed in the assignment of the child.
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