The parties, which have ceased to live together in May 2005, have three children, X, Y and Z, respectively born in 1998, 2001 and 2004. In 2005, they agreed on an interim basis, that custody be awarded to the mother and the father would benefit from access rights. Custody of X and Y was given to the father as of September 2008. In the context of divorce proceedings, including the father demanded custody of three children. Mother sought custody of X and Y, sole custody of z and a reservation of its rights to claim from the father's child support for children. The children want a status quo.

The Superior Court ruled that there is no objective reason for custody of Z to his father. It has a strong attachment to his mother, who seems a balanced and loving person. Their best interests to establish order joint custody, which would mitigate the alienating attitude of the father.

J.E. 2011-1943