Federal Court Conviction for child abduction against a mother overturned
If a child is under joint parental care, the custodial parent is not liable to prosecution for abduction if they move abroad with the child on their own authority. The Federal Supreme Court has stated this.
19.12.2025, 12:00
SDA
In the specific case, a mother from the canton of Bern moved to Tunisia with her three children in 2018. They lived there for a year and a half. The move took place without the consent of the children's father, with whom the woman shares parental custody of the children. The High Court of the Canton of Bern found the woman guilty of kidnapping in 2023.
The Federal Supreme Court has now acquitted the woman. According to case law, a custodial parent cannot, in principle, commit abduction with regard to the child in their care. According to Switzerland's highest court, an exception applies if the removal with the child massively interferes with the child's interests and right to freedom. However, this was not the case here.
