Facts
In this case, it was about the modification of a divorce judgment rendered in Germany, in which the son T. was allocated to the father. However, the divorced wife J. retained the son with her in Switzerland, contrary to this order. She filed an application for the issuance of a residence permit, which was rejected.
The mother J. subsequently filed a claim for the modification of the divorce judgment in order to have the parental authority over the son T. transferred to herself. However, the Swiss courts did not enter into the claim due to lack of international jurisdiction.
Considerations
The Federal Court confirmed that the international jurisdiction for the assessment of the claim for the modification of the divorce judgment is governed by the Hague Convention of 5 October 1961 on the Protection of Minors. According to this Convention, the courts of the state in which a minor has his or her habitual residence are competent for protective measures.
The Federal Court concluded that the son T. did not have his habitual residence in Switzerland at the time the claim was filed.…