Facts
The Federal Supreme Court was seized with an appeal against a decision of the Cantonal Court of the Canton of Aargau concerning child custody and visitation rights following the separation of the parents. The Federal Supreme Court had to rule on the following points: - Scope of custody rights and parental authority (considerations 3.1 and 3.2) - Possibility for the custodial parent to move abroad with the children, subject to the child's well-being (consideration 3.3) - Absence of criminal sanctions for the custodial parent who moves abroad, except in case of abuse of rights (consideration 3.4) - Inability for the non-custodial parent to file a return request under the Hague Convention (consideration 3.5)Considerations
The Federal Supreme Court ruled that the custodial parent can in principle move abroad with the children without the agreement of the other parent, subject to the child's well-being. The visitation rights of the other parent must then be adapted accordingly. Only a serious threat to the child's well-being could justify a departure ban. Furthermore, the custodial parent does not commit a criminal offense by moving abroad, and the non-custodial parent does not have standing to file a return request under the Hague Convention. However, the Federal Supreme Court considered that the cantonal…