2) Provisional custody granted to the father 39. In the context of the custody suit, the girls’ father filed a suit for provisional custody on March 10, 2003, with a view to obtaining custody of his daughters prior to the conclusion of the proceeding. In this regard, Mr. López representative argued the alleged “incompetence that the sexual choice made by the mother and respondent, [Ms.] Atala Riffo, and that was reflected in her express acknowledgement that she is a lesbian, produces and will produce for the overall psychological and social-environmental development of these three young girls, not to mention the hardly maternal and violent behavior she has shown over the years, not only with her family but also with her social environment.” In addition, she argued that “the respondent’s need to be happy and fulfill herself as a person in all areas of her life […] is not compatible with being a parent, which includes maternal capabilities [...], which, it seems, the respondent has selfishly disregarded.” The representative of girls’ father also argued that the girls have the right to live in a family made up of a father and mother of different sexes54. 40. On March 13, 2003, Ms. Atala answered the provisional custody motion filed by her former spouse, asking that it be rejected in its entirety. In particular, Ms. Atala’s representative argued that: The legal representative of the petitioner [sought] to render without effect the status quo achieved to date, a situation to which she has contributed with her assistance, participation, and personal contribution as a professional in the appearances made, having achieved a temporary system that better reflects the best interests of the minors […]. The fact that [Ms. Atala] is a lesbian and acknowledges her condition as such, does not affect her maternal abilities and her ability to create an environment with love, affection, respect, and tolerance for the purposes of 55 the education and development of the girls as human beings and future citizens of our country. 41. On May 2, 2003, the Juvenile Court of Villarica granted provisional custody of the girls to the father, and regulated the mother’s visits, even though it expressly acknowledged that there was no evidence to presume the legal incompetence of the mother. The Juvenile Court based its decision, inter alia, on the following arguments: i) “Whereas […] the respondent, having expressly acknowledged her sexual choice, cohabits with her partner in the home she shares with her daughters, […] thereby altering the normal family routine, giving preference to her personal interests and well-being over the emotional well-being and social development of her daughters” and ii) “Whereas, the fact that the respondent has given preference to her own well-being and personal interest over carrying out her role as a mother, under conditions that could affect the subsequent development of the minors in the case, […]there is no conclusion other than that the petitioner presents more favorable arguments on behalf of the best interest of the girls, arguments which, in the context of a heterosexual and traditional society, take on great importance” 56. Guzmán ((record of appendices to the application, volume I, page 375), and Graciela del Carmen Curín Jara ((record of appendices to the application, volume I, page 377). 53 Cf. Testimonial evidence obtained through an oral statement rendered on April 14, 2003 before the Juvenile Court of Villarrica by Ana Delia Pacheco Guzmán (record of appendices to the application, volume I, page 376). 54 Suit for Provisional Custody of Mr. López Allendes of March 10, 2003 (record of appendices to the application, volume V, pages 2546 to 2552). 55 Response to Motion for Provisional Custody of March 13, 2003(record of appendices to the application, volume V, pages 2554 to 2557). 56 Decision in the provisional custody proceeding by the Juvenile Court of Villarrica, May 2, 2003 (record of appendices to the application, volume V, appendix 10, pages 2559 to 2567). In the context of the provisional 17