Library of Congress Global Legal Monitor Switzerland: Federal Supreme Court Confirms Abduction Offense Does Not Apply to Legal Guardian of Child

Global Legal Monitor from the Law Library of Congress

In a decision published on December 19, 2025, the Swiss Federal Supreme Court (Bundesgericht, BGer) reaffirmed its established case law that a person who has custody of a child generally may not be convicted of child abduction. Exceptions exist when a change of the child’s residence severely violates their interests and thereby their right to freedom. In the case at issue, the Federal Supreme Court did not find such an exception and, therefore, set aside the conviction and sent the case back to the lower court. Read more.

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