Hi, I got a divorce over a year ago in the UK. Both myself and my ex-husband are British nationals. We have two daughters who are 14 and 9 who are also British. They live with me in Switzerland and so does my ex-husband but in a different part of the country. We all have residence permits as both of us are working for Swiss-based multinationals.My ex recently filed a case in the Swiss court for joint custody and access rights to the children despite the fact that he has not seen them for around 2 years now and was building a new life with his new partner. In case he is awarded joint custody, would this mean that I cannot leave Switzerland given that none of us are of Swiss nationality or origin and our daughters were born in the UK.
State/Country relating to question: Switzerland
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Hi, if he is granted joint custody then this would mean that the children would not be able to leave the jurisdiction without his consent. It would not prevent you from, personally from leaving the jurisdiction.
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When you say that "the children will not be able to leave the jurisdiction without his consent" do you mean the Swiss jurisdiction? Please note that neither the children nor their father or myself (mother) are Swiss citizens, so if I take the children back to the UK (we are all British citizens), what jurisdiction's laws will be applicable?
Hi,Yes, I mean the Swiss jurisdiction. If your former husband is resident in Switzerland and has obtained an Order through the Swiss courts, then you will require his consent to remove the children from Switzerland. If,however, you return to the UK and subsequently refuse to let the children travel back to Switzerland, then he can have the Swiss Order enforced in the UK through the UK courts.Whilst in Switzerland, Swiss law will apply, and whilst in the UK, UK law will apply. I hope this answers your question. If so, kindly rate the answer and provide feedback. If you wish to discuss, please feel free to ask further questions. Kind regards,
Solicitor-Advocate. UK Practising Certificate issued by SRA.
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