5A_25/2010, II. zivilrechtliche Abteilung, arr?t du TF du 2 f?vrier 2010

INCADAT legal file Hague parental abduction

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The case concerned a girl born in 2007 to an unmarried Italian father and Swiss mother. On 1 November 2008, the family moved to Ireland. In the spring of 2009, the family broke up. In early August, the mother went to Switzerland with the child, and registered among the residents of a commune; she then returned to Ireland to finalise her move.
The father having applied to the courts for a ruling on custody, the mother ignored the hearing on 3 September and returned to Switzerland on that day. The court held on that day that custody of the child was to be joint.
On 7 December 2009, the father’s application for return was denied and he was held liable to indemnify the mother. He appealed against that ruling to the Federal Tribunal.