Facts
The appellant and the respondent are divorced spouses with two children. In the context of a marital protection procedure, sole custody of the children was awarded to the mother. The father was authorized to regularly visit the children. The mother planned to move to the Czech Republic with the children. The father opposed this plan and applied to have the children placed in his custody. The High Court of the Canton of Aargau partially upheld the father's appeal and awarded sole parental custody to the mother as of the move to the Czech Republic.
The father lodged an appeal with the Federal Supreme Court and applied to obtain parental custody of the children. He argued that the move to the Czech Republic was not in the best interests of the children and that the mother would be committing a criminal offense by moving.
Considerations
The Federal Supreme Court examined the appeal and came to the conclusion that the mother's sole custody of the children was not objectionable. The court found that the father had not sufficiently demonstrated that the move to the Czech Republic would endanger the well-being of the children.
The Federal Supreme Court discussed parental custody and custody rights and found that the mother, as the sole custodian, was entitled to move to the Czech Republic with the children without requiring judicial authorization. The court pointed out that parental custody is a mandatory right that encompasses the entirety of parental responsibility and authority towards the child.
The…