Autorit? de surveillance des tutelles (child protection agency), decision of 10 March 1998, 115/98
Grave Risk – Art. 13(1)(b) The court accepted the arguments presented by the mother that the father’s alcoholism and drug addiction constituted a grave risk of harm to the child, if returned.
449/III/97/bufr/mour, Cour d’appel du canton de Berne
The application concerned a girl born in Taiwan to an American father and Taiwanese mother. She was 3 at the date of the alleged wrongful retention. The family initially lived in Taiwan, but prior to a relocation to the United States, the mother moved to Switzerland to live with a new partner, taking the child […]
5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung
The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]
K. v. K., 13 February 1992, Tribunal cantonal de Horgen
The child, a boy, was 1 3/4 at the date of the alleged wrongful retention. He had lived in the United States all of his life. The parents were married and had joint rights of custody. On 30 May 1991 the mother went to Switzerland, her State of origin, with the child to visit the […]
