Questione giuridica chiave
Whether the cantonal court arbitrarily assessed the evidence when assigning custody to the mother instead of the father.
Decisione estratta
No arbitrariness was shown; the cantonal court could depart from the SPJ report and prefer the status quo with the children remaining with the mother.
Motivazione estratta
The Federal Court held that the challenged appreciation of evidence was not manifestly untenable. The lower court reasonably considered the children’s wishes, the lack of proven danger with the mother, the criticized but not decisive SPJ report, and the long-standing factual situation.