Facts
A.P. and M.P., both Iranian nationals, married in Switzerland in 1996. Their son K. was born in 1996 from this marriage. In 1997, the wife M.P. moved out of the marital home. By judgment of November 30, 2000, the District Court of Bülach dismissed the wife's divorce petition and granted the divorce in favor of the husband's counterclaim. The High Court of the Canton of Zurich confirmed the transfer of parental custody to the mother in its judgment of May 27, 2002. The husband then appealed to the Federal Supreme Court.Considerations
The Federal Supreme Court dismisses the appeal and confirms the contested decision. According to the Iranian law applicable to the parties, custody generally belongs to the father. However, such an assignment of custody to the father can violate Swiss public policy (ordre public) if it does not also serve the best interests of the child.
In Switzerland, the priority of the child's best interests applies in a comprehensive sense. The decisive factor is which parent best promotes the child's development and…