Facts
The plaintiff and the defendant are divorced spouses with two daughters. The District Court of Frauenfeld has divorced the marriage and granted parental care of the daughters to the mother. The Court of Appeal of the Canton of Thurgau has, upon appeal by the defendant, granted parental care to the father instead. The mother has lodged a federal appeal against this decision.
The parties are
- The plaintiff: [Z.] , represented by lawyer lic. iur. Rita Wenger-Lenherr
- The defendant: [Y.] , represented by lawyer Dr. Barbara Wyler
The proceedings were initiated at the Federal Court after the plaintiff had lodged an appeal against the judgment of the Court of Appeal of the Canton of Thurgau of June 29, 2000.
Considerations
The Federal Court has dismissed the plaintiff's appeal and confirmed the judgment of the Court of Appeal of the Canton of Thurgau. The decision is based on the assessment that parental care should be granted to the father, as this serves the well-being of the children.
The Federal Court has found that the Court of Appeal has correctly weighed the relevant criteria for the allocation of parental care, such as educational ability, care options, and stability of circumstances. The plaintiff has not proven that the Court of Appeal has incorrectly weighed the criteria or violated federal law.
The Federal Court has also rejected the plaintiff's objections that the Court of Appeal only briefly questioned the children and sought to conclude the matter as quickly as possible. The lower court has thoroughly questioned the children and carefully evaluated their statements.
The plaintiff has also argued that the Court of Appeal should have…