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Keywords

burden of proofdivorcevisa
burden of proofdivorce

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Pfeiffer v. Bachotet

Facts

Marcellinus Pfeiffer and Rachel Bachotet were married in France and later moved to Switzerland, where they had two children. Following their divorce in 2017, the Divorce Judgment granted shared custody but required both parents' consent for relocation abroad. In June 2018, Bachotet moved with the children to Georgia, USA, after obtaining visas, despite Pfeiffer's attempts to revoke his consent for the move. Pfeiffer filed a petition for the children's return under the Hague Convention, leading to the district court's ruling.

Pfeiffer and Bachotet were married in France in 2010. Two years later, in 2012, they moved to Switzerland. Pfeiffer and Bachotet have two children: N.A.R., a nine-year-old daughter, and R.H.E., an eight-year-old son. Until June 17, 2018, both children had lived continuously in Switzerland since 2012.

Issue

Did the district court err in denying Pfeiffer's petition for the return of the children to Switzerland under the Hague Convention?

Did the district court err in denying Pfeiffer's petition for the return of the children to Switzerland under the Hague Convention?

Rule

Under the Hague Convention, a child's removal is considered wrongful if it breaches custody rights attributed to a person under the law of the child's habitual residence immediately before the removal.

Under the Hague Convention, a child's removal is considered wrongful if it breaches custody rights attributed to a person under the law of the child's habitual residence immediately before the removal.

Analysis

The court determined that while Pfeiffer established the children's habitual residence in Switzerland, he did not prove that Bachotet's removal violated his custody rights under Swiss law. The Divorce Judgment explicitly allowed Bachotet to relocate with the children, which meant she had the authority to make that decision. Therefore, Pfeiffer's claims regarding the violation of custody rights were unfounded.

Here, as we explain below, Pfeiffer has established that the children's habitual residence at the time of removal was Switzerland. But the district court nonetheless correctly denied Pfeiffer's petition because Pfeiffer has not demonstrated that Bachotet's removal of the children violated his custody rights under Swiss law.

Conclusion

The court affirmed the district court's decision, concluding that Pfeiffer did not meet the burden of proof required to demonstrate that the removal of the children was wrongful under the Hague Convention.

The court affirmed the district court's decision, concluding that Pfeiffer did not meet the burden of proof required to demonstrate that the removal of the children was wrongful under the Hague Convention.

Who won?

Rachel Bachotet prevailed in the case because the court found that her removal of the children did not violate Pfeiffer's custody rights as established by the Divorce Judgment.

Rachel Bachotet prevailed in the case because the court found that her removal of the children did not violate Pfeiffer's custody rights as established by the Divorce Judgment.

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