Key legal question
Whether the custody allocation to the father in interim divorce measures was arbitrary
Extracted holding
The custody award to the father was not arbitrary; the cantonal court could give decisive weight to stability concerns arising from the mother's ongoing criminal proceedings and work situation.
Extracted reasoning
The Federal Court found no constitutionally relevant error in the appraisal of evidence or weighing of custody factors. Both parents had parenting capacity, but the lower court could prefer stability of circumstances over the mother's greater availability and the children's wishes.