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Switzerland - Child Abduction

U.S. Department of State
2005 REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

Countries of Concern: Switzerland
 

Last year the Department found Switzerland to be not fully compliant in this report because of concerns with lengthy court delays.  Swiss authorities have made concerted efforts to address, on an institutional basis, many of the problems cited in previous Hague Convention compliance reports.  Switzerland has a federal system of government with powerful and independent cantonal governments.  Federal level authorities, including the Swiss Central Authority, are cooperative and responsive, even if their power and influence over cantonal institutions are limited as a result of the federal structure.  That said, courts and officials at all levels of Swiss government have demonstrated the seriousness with which they take their obligations stemming from the Hague Convention, and efforts have been made to centralize practices regarding international child abduction.  Although the U.S. Central Authority did not submit any Hague applications to Switzerland for the return of children last year, the Swiss Central Authority did in fact process many cases from other countries.  The rate of returns from Switzerland in these non-U.S. cases has been very high; furthermore, Swiss courts have demonstrated their willingness to order returns in very difficult cases, often against a backdrop of hostile public opinion or media outcries.  It is our understanding that when a Hague decision has been made in one court, that decision is valid and enforceable throughout the country and the case cannot be easily re-opened.  The Department will continue to monitor Swiss compliance on the basis of experience with U.S. cases that occur in the future. 

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