5P.1/1999, Tribunal f?d?ral suisse, (swiss Supreme Court), decision of 29 March 1999

INCADAT legal file Hague parental abduction

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Human Rights – Art. 20
The Supreme Court rejected the finding of the court of appeal noting that there was no evidence that a parent with no rights of custody could prevent the relocation of his children. Consequently if the mother in the present action were to be awarded sole custody by an Israeli court, she would be free to move abroad. There was therefore no restriction on her freedom of movement and consequently no violation of Swiss public policy.