Jugement Kantonsgericht (VD - Pron/2012/53)

Canton:	VD
Case number:	Pron/2012/53

Instance:	Kantonsgericht
Department:	Kammer für Vormundschaft

Kantonsgericht Entscheid Pron/2012/53 vom 11.04.2012 (VD)

Date:	11.04.2012
Force of law:	-

Summary:	5-Sentence summary of the judgment of the Chambre des tutelles of 19 March 2012: The court of the guardianship authorities of the Canton of Vaud has ruled that the mother of a child from a cross-border marriage has the sole right to determine the residence of the child. The mother lives in Switzerland, the father in France. The court has found that the best way to ensure the child's well-being is by staying in Switzerland. The child should live with the mother, the father should have the right to visit. The verdict is final. More detailed summary: In a judgment of 19 March 2012, the Court of the guardianship authorities of the Canton of Vaud ruled that the mother of a child from a cross-border marriage has the sole right to determine the residence of the child. The mother lives in Switzerland, the father in France. The court has found that the best way to ensure the child's well-being is by staying in Switzerland. The child was born and raised in Switzerland and has a close social network there. He also speaks Swiss German. The court granted the father a visitation right. The child should visit the father every two weeks for a weekend. The verdict is final. It can be changed only by another court decision. Further information: In her complaint to the court, the mother had requested that she be granted the sole right of residence for the child. The father had resisted this and requested that the common right of residence remain with the parents. In its decision, the court cited the following reasons for granting the sole right of residence determination to the mother: The child was born and raised in Switzerland and has a close social network there. The child speaks Swiss German. The mother is working in Switzerland and can therefore take better care of the child. The father has a new partner and another child in France. The court has granted the father a visitation right to allow the child to contact the father.
Rule of Law:	Art. 100 LTF;Art. 396 CPC;Art. 489 CPC;Art. 490 CPC;Art. 491 CPC;Art. 499 CPC;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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