Facts
A. (French national, born 1966) and B. (Austrian national, born 1973) married in 2011 and have two children together, C. (born 2010) and D. (born 2011). The spouses separated in early 2012.
By judgment of July 7, 2014, the District Court of St. Gallen dissolved the marriage and granted sole custody of the children to the mother. It also granted her permission to relocate the children's residence to Graz. The father was granted limited visitation rights.
The father appealed this decision. The Federal Supreme Court largely dismissed the appeal and only granted the father additional visitation rights on alternating public holidays.
Considerations
The Federal Supreme Court stated that according to the new law on parental responsibility (Art. 301a CC), the relocation of a parent with the child abroad requires the consent of the other parent or a court decision. The legislator wanted to respect the parents' freedom of movement and settlement, but at the same time ensure that the exercise of the other parent's parental rights is not significantly impaired.
When examining the child's best interests, the starting point is that the relocating parent exercises their right to freedom of movement. The question is then where the child's place of residence should be for the child's well-being. The specific circumstances of the individual case are decisive, in particular the previous care model, the family and economic environment, the stability of the…