Facts

The parties married in 1998 and have two children together. They have been living separately since 2000. By judgment of July 15, 2003, the District Court of B. dissolved the marriage and placed the children under the parental care of the mother. The father was granted visitation rights every first and third weekend of the month, as well as two weeks of vacation per year. The mother appealed against this judgment. The High Court of the Canton of Lucerne then allowed the father supervised visitation rights until the end of July 2005 and unsupervised visitation rights every second and fourth Sunday of the month from August 2005 onwards. The father has appealed against this judgment.

Considerations

The Federal Court notes that in a good relationship between the parent with visitation rights and the child, conflict situations between the parents must not lead to a drastic and indefinite restriction of the visitation rights. The custodial mother has the duty to promote the relationship between the child and the other parent and to positively prepare the child for maintaining contact.

While a restriction of visitation rights may be justified due to parental discord and a possible…