Question juridique clé
Whether the Aargau Government could prevent enforcement of the Thun divorce judgment by waiting for a custody-removal decision.
Solution extraite
No. Only the Bernese authorities had jurisdiction to decide on removal of parental authority; the Aargau Government was not entitled to hinder the mother's exercise of parental rights.
Motifs extraits
Under the Federal Act of 25 June 1891, parental authority follows the law of the child's domicile, which was the mother's domicile in Steffisburg. Therefore competence lay with Bernese authorities, in particular the Regierungsstatthalter in Thun, not with Aargau.