2023-05-07 19:10:22
The story is implausible. An international arrest warrant has been issued once morest the mother of two twins, following she left Spain with her sons, without giving any news to the father. At the beginning of 2022, the three settled in the canton of Neuchâtel.
Last fall, while the Neuchâtel justice system had not yet rendered its decision, the father, accompanied by two accomplices, kidnapped his sons in La Chaux-de-Fonds. The police immediately announce the establishment of a system to find the children, whom they specify that their state of health is fragile. The twins are finally found in France.
>> On the topic:
Two seven-year-old brothers kidnapped in La Chaux-de-Fonds (NE)
After a long radio silence, the Court of Child and Adult Protection Measures of the Neuchâtel Cantonal Court rendered its decision on February 24: it decides not to send the mother and children back to Spain. The decision was validated by the Federal Court on April 25, which is completely unprecedented.
Parenting skills questioned
The authorities justify their decision by highlighting the best interests of the children. According to them, this would not be respected in the event of dismissal. They cite several reasons that cast doubt on the father’s parental abilities. For example, he denies the fact that his children have a disability, although they have been diagnosed several times in Spain. Not to mention the fact that he sympathizes with Nazi ideology.
In addition, the authorities believe that a separation from the mother would be highly damaging for the children given their state of health. Olivier Peter, the mother’s lawyer, welcomes a “fair and well-founded” decision. The Federal Tribunal had “the courage, he says, to deviate from the decisions of the Spanish courts in view of the particular nature of the case and the unanimous opinion of the Swiss stakeholders”. He now calls for respecting the privacy of children so that they can rebuild in the best possible conditions.
Possible appeal
Frédéric Hainard, the father’s lawyer, believes that this judgment is “fair” in terms of children’s rights. Separating the twins from their mother, who they have been with exclusively for more than two years, would be inappropriate for them at this time. “But that does not mean that we can flout the rights of the father”, he nuances.
An appeal to the European Court of Human Rights is not excluded. Finally, the lawyer from La Chaux-de-Fonnier believes that this judgment will create a breath of fresh air and that Switzerland might become a haven for international kidnappings.
>> To read once more:
The mother and father of the twins kidnapped in La Chaux-de-Fonds deliver their version
Justify kidnappings?
Anaïs Brodard, lawyer and specialist in family law, understands the decision in principle, but also fears that it will open “a pandora’s box to justify international abduction”. Under the guise of special needs, a parent should not be able to justify an abduction, she explains. “In the present case, the Federal Court applies the exceptional regime. It is extremely rare.”
In such situations, the lawyer explains that the ideal would be first to compel the parents to mediate. “The escalation of the conflict comes from the fact that the parents can no longer communicate. The abduction of a child is intended to hurt the other”, explains Anaïs Brodard.
>> Interview with lawyer Anaïs Brodard in Forum:
Radio Subject: Deborah Sohlbank
Web adaptation: Raphaël Dubois
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