Key legal question
Whether the mother should receive exclusive parental authority or express permission to settle in England with the child
Extracted holding
Exclusive parental authority was not granted; the case was sent back for the cantonal court to examine whether the child's interests require prohibiting the mother from relocating abroad with him under Art. 307(3) CC.
Extracted reasoning
A custodial parent may in principle move abroad with the child without judicial authorization, absent abuse. The appellate court had wrongly assumed otherwise; however, it had not expressly assessed whether the child's welfare justified a relocation ban.