Decision on parental responsibility and personal relations between parents and children following a change of habitual residence to another Contracting State

Facts

B. H. and R. H. are the parents of the children A. and F. After the husband filed for divorce in November 1991, the wife R. H. left Switzerland with the children in mid-July 1992 and moved to Germany, where she has since resided. In its judgment of 6 October 1993, the District Court of Meilen dissolved the parties' marriage, placed the children under the parental responsibility of the defendant R. H., and granted the plaintiff visitation and vacation rights.

In its decision of 18 December 1995, the High Court of the Canton of Zurich did not enter into the parties' applications regarding the allocation of parental responsibility and the regulation of personal relations between parents and children, as the children had since established their habitual residence in Germany. The defendant R. H. appealed against this decision.

Considerations

The Federal Court dismisses the appeal. It finds that the Hague Convention on the Jurisdiction of Authorities and the Law Applicable in Respect of the Protection of Minors (HCCH) applies to the children, as they have their habitual residence in Germany. Pursuant to Article 1 HCCH, the courts and administrative authorities of the State in which a minor has his or her habitual residence are competent to take measures for the protection of the person or property of the minor.

The Federal Court further states that according to Article 5(1) HCCH, the measures taken by the authorities of the State of the previous habitual residence remain in force until the authorities of the new State of habitual residence have modified or…