Facts
The parties were divorced in the Dominican Republic in 1994. Custody of their daughter C. was entrusted to A., but no decision was made regarding B.'s visitation rights. A. filed a claim with the District Court X. for supplementation of the divorce judgment, in order to deny B. visitation rights for the daughter and to oblige him to pay appropriate maintenance contributions.
While the District Court X. dismissed B.'s plea of lack of jurisdiction, the High Court of the Canton of Zurich upheld B.'s appeal and remanded the case to the lower instance to issue a non-entry decision.
A. filed an appeal, requesting that the contested decision be amended to establish that the District Court X. has local jurisdiction to adjudicate the claim.
Considerations
The Federal Supreme Court set aside the decision of the High Court and dismissed B.'s appeal. It ruled that the District Court X. has local jurisdiction, both for the regulation of visitation rights and for the determination of child maintenance.
Pursuant to Art. 64 para. 1 PILA, Swiss courts have jurisdiction for claims for supplementation or modification of decisions on divorce or separation if they have pronounced the decision themselves or if they have jurisdiction under Art. 59 or 60 PILA. Art. 59 PILA regulates the jurisdiction of Swiss courts at the domicile of the defendant or at the domicile of the plaintiff, provided that the latter has been residing in Switzerland for at least one year or is a Swiss citizen.
Since the daughter has her habitual residence in Switzerland at the domicile of the plaintiff in Y., the District Court X. has…