Facts
Mother [X.] and her two children [S.] and [T.] moved to the Czech Republic on July 2, 2010. The High Court of the Canton of Aargau had decided on August 9, 2010 that there were no grounds for withdrawing the parental responsibility of father [Z.] . The mother appealed against this judgment to the Federal Supreme Court.Considerations
The Federal Supreme Court overturned the judgment of the High Court and found that there was no longer any Swiss jurisdiction for a decision on parental responsibility for the children after their move to the Czech Republic. According to the Hague Convention on the Protection of Children (HKsÜ), the courts at the new habitual residence of the children in the Czech Republic are responsible for orders regarding the parent-child relationship. An exception, such as a transfer of the proceedings to Switzerland pursuant to Art. 8 HKsÜ, did not exist. In the absence of a Swiss decision issued up to that point, the legal situation…