Facts
The appellant and the respondent are the unmarried parents of a daughter born in 2009. They concluded a maintenance agreement in 2010 and have been living separately since September 2009. In 2014, they were granted joint parental custody. The appellant applied for sole custody and suspension of the respondent's right to visit in 2016. The family court dismissed the application and regulated the right to visit. The court of appeal confirmed this decision and ordered mediation.
The appellant filed an appeal with the Federal Court and applied for the reversal of the decision of the court of appeal, the allocation of sole parental custody, and the suspension of the respondent's right to visit.
Considerations
The Federal Court examined the appeal and came to the following conclusion: The lower court dismissed the appeal because the appellant failed to demonstrate that the lower court had violated federal law. The lower court found that the parties' daughter refuses to visit the respondent due to unfounded fear and that this is due to a loyalty conflict between the mother and the daughter.
The Federal Court confirmed the order of mediation as an admissible measure pursuant to Art. 307 para. 3 CC. The threat of…