Alain Berger
Stefanie Althaus
Christine Arndt
International Parental Child Abduction: Switzerland
International Parental Child Abduction: Switzerland
International Parental Child Abduction: Switzerland
Supreme Court of Finland 1995:110, S95/301
Retention wrongful but return refused; the standard required under Article 13(1)(a) had been proved to show that the father had consented to the children living in Finland.
Rechsteiner v. Kendell (1999), 1 R.F.L. 5th 101 (Ont. C.A.)
Return ordered; appeal on Convention issues dismissed and appeal on costs order allowed.
Decision of the Federal Supreme Court 5A_437/2021 of 8 September 2021
The child, a girl, was 4 at the time of the alleged wrongful removal from the USA. The parents were not married and met online when the mother was still a teenager (and living in Switzerland). During her second visit to Florida the mother (not a US national) became pregnant. The mother gave birth to […]
Decision of the Federal Supreme Court 5A_440/2019 of 2 July 2019
Rights of Custody – Art. 3 The question whether the mother actually exercised custody at the time of the removal of the children concerns Article 3(1)(b) and thus the illegality of the violation of custody. Article 3(1)(b) has to be read in the light of the Convention’s concern to establish the status quo ante; children […]
