Facts
The case concerns the allocation of children in the divorce proceedings between B. (father) and M. (mother). The Federal Court must decide to which parent the children should be assigned.
The lower instance had assigned the children to the mother, as it assumed that the mother would be able to personally care for the children more. However, the Federal Court sees it differently: Both parents have approximately equal prerequisites in terms of parenting ability and personal care of the children.
Since the prerequisites of the parents are comparable, the criterion of the stability of the circumstances should be decisive in the present case. The father has been caring for the children for about two and a half years, after the mother unexpectedly left the family community. The father has been able to maintain this situation in a stable manner.
Considerations
The Federal Court states that if the prerequisites of the parents are otherwise equal, the parent who shows the greater willingness to have the children in their own care and to care for and nurse them directly should take precedence. This corresponds to the principle of equal rights of parents in the new…