Facts
In the context of the divorce of the G. spouses, the court of first instance awarded custody of their 4-year-old daughter B. to the mother and granted the father visitation rights. The father appealed this decision, requesting that custody of the child be entrusted to him. The Federal Tribunal dismissed the appeal.Considerations
According to Art. 156(1) CC, the judge must take the necessary measures concerning the exercise of parental authority and the personal relations of the parents with the children in the event of a divorce, after having heard the parents and, if necessary, the guardianship authority. The judge has broad discretionary power, with the well-being of the child being the guiding principle, while the interests of the parents are secondary.
Although the child had lived with the father (and his parents) for more than two years, the Federal Tribunal considers that, in this particular case, it may be justified to entrust custody to the mother. Indeed, the mother's living conditions have stabilized following a remarriage, allowing her to care for the child herself, while the father's living conditions are likely to change in a way that…