Facts
This case concerns a divorce pronounced by a Serbian court between G. and S., with the attribution of custody of their son M. to the father S. While the child was residing in Switzerland, G. filed a request in Switzerland to obtain the regulation of custody, visitation rights, and child support for their son. The district court refused to enter into the matter, a decision confirmed by the cantonal court. G. then filed an appeal with the Federal Tribunal.
Considerations
The Federal Tribunal allowed the appeal. According to the 1961 Hague Convention on the Protection of Minors, Swiss courts have jurisdiction to take protective measures for a child who has their habitual residence in Switzerland, which is the case here. The judgment rendered in Serbia cannot therefore be recognized in Switzerland, due to the lack of jurisdiction of the foreign court.
Furthermore, the Federal Tribunal considers that when Swiss courts have jurisdiction to settle custody and visitation rights, they must also ex officio determine the child's maintenance, although this issue does not directly fall under the Hague…