Report·Migration, Justiz, innere Sicherheit·Document finding

Federal Supreme Court overturns complete ban on mother–child contact in international return proceedings

Sep 18, 2026, 12:00 AM · Bundesklar Redaktion

In joined cases 5A_833/2026 and 5A_837/2026 of 18 September 2026, the Federal Supreme Court (Second Civil Law Division) overturned point I.d of the order issued by the Chambre des curatelles of the Canton of Vaud on 14 August 2026. In return proceedings under the Hague Convention on the Civil Aspects of International Child Abduction (CLaH80), the cantonal authority had prohibited all personal contact between a child placed in care in Switzerland (born in 2020) and the child’s mother. In the Federal Supreme Court’s view, the risk of destabilisation established in this particular case was not sufficiently severe to justify completely cutting off contact with the child’s previous primary caregiver, especially given the abrupt placement in care. The DGEJ had recorded the mother’s appropriate and cooperative behaviour and the child’s emotional distress following the separation, and had recommended supervised contact, which it was willing to organise. The exceptional circumstances of the Neuchâtel comparison case in judgment 5A_273/2026, 5A_293/2026 were different: there, the abducting parent refused all cooperation, organising contact was difficult, visitation rights with the left-behind parent had been established, and the child was in good psychological health despite the placement in care and the suspension of contact. The case was referred back to the cantonal authority to make new arrangements for personal contact in cooperation with the DGEJ. No court costs will be charged. The Federal Supreme Court’s treasury will pay fees of 2'500 francs each to Vanessa Simioni, the mother’s legal representative, Marie Berger, the father’s legal representative, and Priscille Ramoni, the child’s representative.