Facts
The Federal Tribunal rejected the civil appeal filed by the father against the judgment of the 1st Civil Court of Appeal of the Cantonal Tribunal of the State of Fribourg, which had suspended the enforceability of the protective measures judgment of the marital union dated May 20, 2011. This judgment had provided for joint and alternating custody of the children, whereas the emergency order of June 25, 2010 had granted custody to the mother.
The mother had appealed the protective measures judgment and requested the maintenance of the provisional custody regime. The Cantonal Tribunal granted this request, considering that the change in the custody regime risked causing irreparable harm to the children.
Considerations
The Federal Tribunal considered that the cantonal decision to provisionally maintain the existing custody regime was not untenable. On the one hand, it could not be concluded without further ado that the mother's appeal lacked prospects of success, as the application of the European case law upheld by the first judge had not yet been accepted in the case of Art. 133 CC. On the other hand, the…