PROTECTION
Your child is relocating abroad
A child's relocation abroad is one of the most sensitive issues in international family law. We help you defend your parental rights in cross-border relocation disputes.
When a parent wishes to relocate with the child
Under Swiss law, a child's relocation abroad requires the consent of both parents or, failing that, court authorisation. This issue is governed by Article 301a of the Swiss Civil Code and has been the subject of extensive case law.
We act both for the parent wishing to relocate and for the one opposing it. In both cases, the child's best interests remain the determining criterion.
In cases of wrongful removal, the Hague Convention on the Civil Aspects of International Child Abduction provides swift return mechanisms. Our experience in these emergency proceedings enables us to act with the necessary speed.
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★★★★★We often think a lawyer is there to manage cases. But this firm does much more than that: it saves people. When I arrived at Kulik Hottelier, I was exhausted, overwhelmed, lost. I didn't know where to turn anymore, and I felt like everything was against me. Yet, from the very first meeting, something changed: I found hope again. Here, you're not just a name on a file. You are heard, understood, respected, and defended with impressive determination. The follow-up is constant, responses are quick, exchanges are clear and transparent. You always know where you're going, without surprises and with confidence. Kulik Hottelier is: • exceptional legal expertise • a thoughtful, intelligent, and effective strategy • clear and honest communication at every step • and above all, a rare humanity in this profession What struck me the most? Their ability to fight without ever getting drawn into unnecessary conflicts. A firm, brilliant, and incredibly precise defense, always results-oriented, never ego-driven. In moments when I doubted, they were my pillar. In moments when I was afraid, they were my assurance. And at the decisive moment, they were the force that made all the difference. Today, I am finally turning the page. And I know that without their work, their support, and their excellence, none of this would have been possible. If you're looking for a firm that combines brains, heart, courage, and transparency, don't waste time: contact them. There are professionals… and then there are lawyers who truly change a life. This firm belongs to the second category. Thank you to Maître Sevig, Maître Hottelier, and all your teams who work behind the scenes. Your work will remain engraved in my story.
★★★★★I can only recommend this team who greatly helped me! Through their professionalism, attentiveness and good advice, but also through their flexibility and very human approach. Thank you to them!
FAQ
Frequently Asked Questions
Can I relocate with my child?
The answer depends on your specific situation. With joint parental authority, you generally need the other parent's agreement to relocate. If they refuse, a judge can authorize the relocation—particularly considering whether you are the primary caregiver. Without joint parental authority, the custodial parent typically has freedom to relocate. However, careful case-by-case evaluation is essential. The risks are significant because Switzerland, as a party to the Hague Convention, can readily engage international cooperation to return a child. This makes obtaining relocation authorization much more challenging in international cases.
Learn more Can I have my child returned?
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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Child Custody in Swiss Law: Your Rights Explained
Parental authority, visitation rights, relocation — understand the key legal criteria Swiss courts use to decide what's best for your children.
By Carole Vymazal, Damien Hottelier
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