Facts
M. X. and U. Y. married in October 1974 and had three children André (born 1976), Monika (born 1978) and Sandra (born 1979). In 1984, the wife left the husband with the children and moved to northern Germany in 1987. The District Court dissolved the marriage of the parties and allocated the son André to the father and the two daughters to the mother. The mother filed an appeal to obtain the allocation of the son André to herself. The father filed a cross-appeal requesting that all children be allocated to him.
The Higher Court granted the mother's appeal and allocated all three children to her. The father then filed an appeal with the Federal Court.
Considerations
The Federal Court dismissed the father's appeal. It stated that according to established case law, the best interests of the child must always take precedence in decisions on the allocation of children. It must be taken into account that siblings should not be separated if possible and the relationships of the children with both parents must be maintained.
In the present case, the mother's move to northern Germany had made it more difficult for the children to maintain a…