International Parental Child Abduction Switzerland
DISCLAIMER: The information on this page relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
FEBRRUARY 2012
The Hague Convention on the Civil Aspects of International Child Abduction came into force between the United States and Switzerland on July 1, 1988.
The Department of State posts country specific information about Switzerland on its travel information website at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1034.html.
Under Switzerland's Federal Constitution, the Swiss court system has a pyramidal structure. The civil, criminal, and administrative courts of first and second instance form the lower half of the pyramid. The cantonal district courts and the Federal Tribunal (Federal Supreme Court) form the top. Each of the 26 Swiss cantonal districts is equally autonomous and has its own complete judicial system with courts of first instance and appeal. The cantonal courts are also responsible for overseeing the application of federal legislation.
There are three federal appeals courts responsible for deciding on appeals from cantonal courts:
1. The Federal Tribunal or the Federal Supreme Court in Lausanne
2. The Federal Criminal Court in Bellinzona
3. The Federal Administrative Court in St. Gallen
The Federal Tribunal is the top court in the country, though appeals in criminal or administrative matters can be decided in Bellinzona or St. Gallen respectively. The parental rights of custody, care and access are regulated in the Swiss Civil Code. The Swiss Civil Code is available in English at http://www.admin.ch/ch/e/rs/c210.html.
Married parents have equal rights of custody to their minor children. The local court can modify the parental rights. The local guardianship authority is the competent authority in cases of urgent child protection measures.
If a child is born out of wedlock, the mother has sole rights of custody. The father can apply to the guardianship authority for the recognition of his parental responsibilities, access rights, and child support obligations. The father of a child born out of wedlock can obtain joint custody rights only with the consent of the mother.
Hague return proceedings are handled solely by the Cantonal Supreme Court where the child is resident. The decision of this court can only be appealed to the Federal Supreme Court.
The Federal Office of Justice searches for missing children in Hague Abduction Convention cases with the assistance of the
local police and the local population control registry office.
The U.S. Embassy in Bern maintains the following list of attorneys in Switzerland and in the surrounding regions, including those who specialize in family law: http://bern.usembassy.gov/swiss_lawyers2.html.
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by the persons or firms on the list. Professional credentials and areas of expertise are provided directly by the lawyers.
The Swiss Central Authority advises applicant parents to hire private attorneys because the Central Authority cannot represent parents in court. The Swiss Central Authority may, however, provide assistance to parents in finding an attorney willing to represent them.
The costs of court proceedings and legal representation for left-behind parents are the responsibility of the left-behind parent. For more information, see the following brochure, under “Costs:” http://www.bj.admin.ch/content/dam/data/gesellschaft/kindesentfuehrung/bro-kindsentfuehrung-e.pdf.
CITIZENSHIP & PASSPORT MATTERS:
A child born in Switzerland does not automatically obtain Swiss citizenship.
A child is automatically Swiss by birth if:
• The child’s parents are married to each other and the father or mother is a Swiss citizen.
• The child’s mother is a Swiss woman who is not married to the father.
• A foreign-born child who is a minor and whose Swiss father is not married to the foreign mother acquires Swiss citizenship
retroactively to the time of birth if the father acknowledged paternity of the child before it attained the age of majority
(and thereby proved a full relationship to the child which can be entered in the Swiss registers of birth, marriage, and death)
or there is a paternity judgment. This provision applies only to children born after January 1, 2006. Children born before
that date can apply for simplified naturalization.
Switzerland recognizes dual nationality. For assistance in the prevention of child abduction where a Swiss passport may be involved, please contact the Swiss Embassy or a Swiss Consulate.
Current Swiss passports do not include children in the parents’ passports. The older version of Swiss passports could still
include children in the parent’s passport. However, in such case, a Swiss court has the authority to cancel a child’s entry.
EXIT PERMITS:
• Exit permits are not necessary. Within the Schengen area, passports are not systematically checked or stamped.
European identification card holders can travel with identification cards within the Schengen area.
• Third country nationals are systematically subject to border control only for travel outside of the Schengen area.
• The consent of a non-traveling parent is only required in the case of an explicit court order stating the child cannot
be removed from Switzerland.
MEDIATION:
In accordance with the Federal Act of 21 December 2007 on International Child Abduction and The Hague Conventions on the Protection of Children and Adults, the Swiss Central Authority and the Cantonal Supreme Court may initiate a conciliation or mediation procedure in order to obtain the voluntary return of the child or to facilitate an amicable resolution. The Central Authority will encourage the concerned parties to participate in the conciliation or mediation procedure, but neither party is obligated to do so. The Swiss Central Authority maintains a network of experts and institutions to offer these services. The costs of these services vary depending on the case.
The Hague Convention on the Civil Aspects of International Child Abduction came into force between the United States and Switzerland
on July 1, 1988. The Hague Abduction Convention provides a civil legal mechanism for parents to seek access to or the return
of children wrongfully removed or retained in Switzerland.
The Swiss Central Authority is located at:
Federal Office of Justice
Private Law Division
Bundesrain 20
3003 Bern
Switzerland
Tel. 011-41-31-323-8864
Fax 011-41-31-322-7864
Email address: Kindesschutz@bj.admin.ch
www.ofj.admin.ch/
A country officer in the Office of Children’s Issues can provide information to left-behind parents who wish to submit a Hague application.
After receipt of a complete application, the Swiss Central Authority searches for missing children with the assistance of
Swiss police, together with the local population control registry office and the national immigration authority. The search
for a missing minor can be combined with a request for urgent child protection measures (e.g. the placement of a jeopardized
minor in a public home for children.)
After a child has been located, the Swiss Central Authority attempts to facilitate a voluntary return by proposing a mediation
procedure. If mediation fails, the Swiss Central Authority will try to assist the left-behind parent in securing an attorney,
who will then file the return request with the appropriate cantonal court. There is only one appeal to the Swiss Federal
Court.
The Swiss Federal Act on International Child Abduction provides that:
- Hague return proceedings are handled solely by the Cantonal Supreme Court where the child is resident. Its decision can be appealed to the Federal Supreme Court.
- The Cantonal Supreme Courts are also competent to order protection measures and access rights during the return proceedings and shall order that the child have a person experienced in welfare and legal matters be designated as his/her representative.
- Unless the Central Authority has already made arrangements, the court will initiate conciliation or mediation procedures with the aim of obtaining a voluntary return of the child or achieving an amicable resolution of the dispute.
- If possible, the court will hear the parties (parents and child) in person.
- A single cantonal authority will be responsible for enforcing decisions related to the return of the children.
For additional information on the Swiss Federal Act on International Child Abduction, please visit: http://www.admin.ch/ch/e/rs/2/211.222.32.en.pdf.
Parental child abduction is considered a criminal offense in Switzerland. Article 220 of the Swiss Criminal Code (Abduction of Minors) criminalizes parental child abduction.
The United States signed an extradition treaty with Switzerland on November 14, 1990. However, Switzerland does not extradite its own citize.
Neither the Swiss Central Authority nor the Swiss police are competent to decide upon the return of a minor. The police can
act only upon a judge’s order.
Visitation with a non-custodial parent is decided by the court or guardianship authority according to the best interests of the child. Parents may also agree to a voluntary contact agreement, but the agreement is not binding unless approved by the court or the guardianship authority. Modifications to an existing voluntary agreement must be authorized by the guardianship authority.
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