Facts
The appellant, a Macedonian national, and the respondent, a Kosovar national, are the parents of their daughter [C.] , born in 2015. After the parents' separation in February/March 2015, the father took care of the child. The mother applied for provisional measures, including custody of the child and visitation rights. The Cantonal Court of Schwyz dismissed the mother's appeal regarding parental custody and maternal contact rights.
The mother filed a complaint with the Federal Court and requested that the child be placed in her custody and that she be granted weekly unaccompanied visitation rights. The respondent requested that the complaint be dismissed.
Considerations
1. Admissibility of the Complaint
The complaint is admissible, as it is directed against a final judgment within the meaning of Art. 90 FSCA and the appellant has sufficiently stated her rights.
2. Merit of the Complaint
The Federal Court examines the merit of the complaint and finds that the lower court considered the parenting ability of both parents to be given. The appellant alleges a violation of the prohibition of arbitrariness and the right to family life.
3. Custody Decision
The Cantonal Court made the custody decision based on the stability of the circumstances. The appellant did not sufficiently demonstrate her intention to return to Switzerland. The lower court also considered the father's parenting ability to be given.
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