211.222.32 federal law on international child abduction and the Hague Conventions on the protection of children and adults * 1 (LF - EEA) December 21, 2007 (State on July 1, 2009) the Federal Assembly of the Swiss Confederation, view of art. 122 of the Constitution, in application of the Convention of the Hague of 25 October 1980 on the civil aspects of international abduction of children (CLaH 80) and the European Convention of 20 May 1980 on recognition and enforcement of decisions on custody of children and restoration of custody of children (THE 80), in application of the Hague Convention of 19 October 1996 on jurisdiction , applicable law, recognition, enforcement and cooperation in parental responsibility and measures of protection of children (CLaH 96) and of the Hague Convention of 13 January 2000 on the international protection of adults (CLaH 2000), given the message of the federal Council of February 28, 2007, stop: Section 1 provisions general art. 1 federal Central Authority the federal Office of justice is the Federal central authority responsible for the implementation of the conventions listed in the preamble.
It shall exercise the powers provided for in the CLaH 80 and 80 CE.
As part of the CLaH 96 and 2000 CLaH, its mission is: a. to transmit to the cantonal central communications from abroad; b. provide to the foreign authorities information on the Swiss law and the services of protection of children in Switzerland; c. to represent the Switzerland Foreign; d. central authorities to advise the Central cantonal authorities respect these conventions and ensure their application; e. to promote the cantonal authorities collaboration between them, with experts and institutions within the meaning of art. 3 and with the central authorities of the Contracting States.
Art. 2 Central cantonal authorities each canton designates a central authority responsible for the application of the CLaH 96 and 2000 CLaH.
Cantonal authorities exercise powers of the central authorities if the conventions under art. 1, al. 3, otherwise not.
Cantonal authorities or other authorities designated by the cantons establish on request the certificates provided for in art. 40, al. 3, CLaH 96, and art. 38, al. 3, CLaH, 2000.
Section 2 international abduction of children art. 3 experts and institutions the federal Central Authority shall establish, in collaboration with the cantons, a network of experts and institutions able to provide advice, to conduct a conciliation or mediation as well to represent the child and willing to urgent action.
She may delegate the tasks referred to in para. 1 to a private organization, it can compensate on the basis of the costs incurred or a flat rate.
Art. 4 procedure of conciliation or mediation, the central authority may hire a procedure of conciliation or mediation to obtain the voluntary return of the child or to facilitate an amicable solution.
Appropriately, it encourages those involved to participate in the procedure of conciliation or mediation.
Art. 5 return and interest of the child to the fact of his return, the child is placed in an intolerable situation within the meaning of art. 13, al. 1, let. b, CLaH 80 including when the following conditions are met: a. the placement with the requesting parent is clearly not in the interest of the child; b. the abducting parent, given the circumstances, is not able to take care of the child in the State in which the child had his residence at the time of the abduction or that cannot be clearly not demand it of him; c. the investment from third parties is clearly not in the interest of the child.
Art. 6 protection measures the court hearing the application for return of the child rule, if necessary, the personal relationship of the child with his parents and orders the necessary measures for its protection.
If the application was filed with the central authority, the competent court may order the representation of the child, a guardianship or other protection measures, at the request of that authority or of one of the parties, when well even demand is not yet pending before him.
Art. 7 place of jurisdiction the High Court of the canton where the child resided at the time of the filing of the application knows single instance applications on the return of children and may order protection measures.
The Court may transfer the case to the higher court to another canton if consent of the parties and the Court addressed.
Art. 8 judicial proceedings the tribunal is committed to conciliation or mediation to obtain the voluntary return of the child or to facilitate an amicable solution, if the central authority has not already done.
When the path of conciliation or mediation does not reach an agreement involving the withdrawal of the application, the tribunal statue according to summary procedure.
It shall inform the central authority of the main steps in the procedure.
Art. 9 hearing and representation of the child to the extent possible, the tribunal shall hear the parties in person.
He hears the child in an appropriate manner or load an expert of this hearing, unless the child's age or other fair grounds don't oppose.
He ordered the representation of the child and designated as the trustee a person experienced assistance and paid in legal matters. It may formulate queries and file appeals.
Art. 10 international collaboration the tribunal works as necessary with the authorities of the State in which the child had his habitual residence at the time of the abduction.
It checks, if necessary with the assistance of the central authority, whether and in what way it is possible to execute the decision ordering the return of the child in the State in which he had his habitual residence at the time of the abduction.
Art. 11 decision ordering the return of the child the decision ordering the return of the child should be accompanied by enforcement measures and communicated to the authority in charge of the execution and the central authority.
The return decision and enforcement measures have effect on Swiss territory.
Art. 12 execution of the decision the cantons designate a single authority responsible for carrying out the decision.
The authority takes into account the interests of the child and strives to obtain voluntary enforcement of the decision.
Art. 13 amendment of the decision the Court may, on application, change the decision ordering the return of the child where circumstances who are opposed have changed decisively.
It also decides on the ranking of the enforcement procedure.
Art. 14 the art costs. 26 CLaH 80 and 5, ch. 3, CE 80, are applicable to the procedure of conciliation and mediation fees and court proceedings and enforcement proceedings conducted at the cantonal and federal levels.
Section 3 provisions final art. 15 amendment of the law in force the Federal Act of 18 December 1987 on private international law is changed as follows: art. 85...
RS 291. The below change is inserted in the Act.
Art. 16 transitional provisions the provisions of this Act respecting international child abduction apply also to return applications that were pending before the cantonal authorities at the time of the entry into force of this Act.
Date of entry into force: 1 July 2009 RO 2009 3078 * terms for individuals apply to women and men.
RS 101 RS 0.211.230.02 RS 0.211.230.01 RS 0.211.231.011 RS 0.211.232.1 FF 2007 2433 ACF (RO 2009 3083), March 6, 2009.
Status as of July 1, 2009