When examining child returns, Switzerland first reviews the laws of the departure country to determine if the relocation was legal. It then applies relevant international agreements like the Hague and European conventions. These agreements aim to restore the previous situation, though Switzerland broadly applies several exceptions. The process falls under a specific law—the LF-EEA—which designates the highest cantonal court as the first instance court, with appeals going directly to the Federal Supreme Court. Our firm regularly handles these cases, representing both parents and children at all stages of proceedings.
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Related questions
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When is an assessment recommended?
We advise conducting one during significant life events—such as the birth of a child, before marriage, before relocation, or before purchasing a house. Our role isn't to make decisions for you but rather to highlight the advantages and disadvantages of various options while helping protect your interests.
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How is alimony/maintenance determined?
The Swiss maintenance contribution system has two main categories based on income levels: one for cases where income significantly exceeds the standard of living (where maintenance is based on that standard, known as the one-step system), and another for cases where income is lower (the two-step system). In the latter case, a detailed calculation system prioritizes expenses in this order: first the basic needs of the paying parent, then the children's needs, followed by the custodial parent's needs, then the non-custodial parent's needs. Any remaining money is distributed among the parties according to a distribution formula. This system offers considerable flexibility, starting with income calculation—judges can even attribute a hypothetical income different from actual earning.
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What are the rules regarding forced heirship?
The rules underwent a drastic change with the new inheritance law that came into force in January 2023. The forced heirship portion is now reduced to half of the statutory share for children and spouse. The parents' forced heirship has been eliminated. With this clarification, Swiss law does not automatically invalidate a will in case of violation of forced heirship rules. Proper legal advice can in practice give you good chances of significantly increasing your room for maneuver.
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Can prenuptial agreements be made under Swiss law?
Yes, but its meaning differs from what is commonly understood in Anglo-Saxon countries. Swiss law recognizes two types of prenuptial agreements: The first type is statutory, allowing spouses to choose from three matrimonial property regimes established by Swiss law. The second type, based on case law, allows spouses to make binding pre-arrangements about divorce effects under specific conditions. The topic is quite technical. You can find the lecture given by Damien Hottelier on this subject here.