Facts
A. (mother) and B. (father) are the unmarried parents of a daughter named C. (born 2009). The parents have been living separately since 2010 and have been caring for their daughter on a 50/50 basis since she started kindergarten in August 2014.
In a letter dated March 23, 2015, the mother informed the Child and Adult Protection Authority (KESB) Bern that she intended to relocate her place of residence to Spain. The father did not consent to the child's departure with the mother.
The KESB rejected the mother's request for consent to change the child's place of residence. The High Court of the Canton of Bern confirmed this decision.
The mother (the appellant) then filed a complaint with the Federal Supreme Court to obtain permission to leave for Spain with her daughter.
Considerations
The Federal Supreme Court dismisses the appeal. It states that the criteria it has developed in connection with the allocation of custody in separation or divorce cases can be transferred to the application of Art. 301a CC.
In the present case, the parents have chosen the model of equal care for their daughter. Both parents have so far personally cared for their child and intend to work in the future. The daughter is still person-oriented and her enrollment in school in Spain would mean an adjustment. Furthermore, the mother herself…