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Old 03.01.2018, 00:21
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Divorced, Children, Reunification...I know vague

So, this is a question that has been on my mind, discussing with a friend recently. Divorced, and his children in another EU country, previously in Switzerland, and he too as well. Now, there might be a possibility his ex wife moves back to Switzerland for work. She also is not Swiss, but an EU passport holder.

Is it possible for the ex husband to move as well to Switzerland? His contemplation, is if he wont allow her to leave the EU, she might lose her job, but doesn't want to be further away from his children.

I would think its not possible that he is allowed into Switzerland, he is a 3rd country national, and only holds a permit to be in the EU.

He originally tried to stay in Switzerland, but was told that he needed to leave to be closer to his kids. He did that, now she is trying to move back.

One might think that is an argument, as that was their original finding.

I personally think they wont allow divorced spouses into the country.

Any thoughts? Its a tricky situation.
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Old 03.01.2018, 01:20
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Re: Divorced, Children, Reunification...I know vague

Does he have joint custody?
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Old 03.01.2018, 02:46
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Re: Divorced, Children, Reunification...I know vague

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Does he have joint custody?
I'm not sure. Ill look into it. Why may I ask?
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Old 03.01.2018, 08:46
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Re: Divorced, Children, Reunification...I know vague

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I'm not sure. Ill look into it. Why may I ask?
Some custody agreements can contain clauses with geographic restrictions as well as joint decision making requirements.

The main consideration should be what is in the childrens' best interest.

If the couple were granted a divorce here some of these points may have been covered.

Your friend probably needs a lawyer to look into the matter.
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Old 03.01.2018, 09:46
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Re: Divorced, Children, Reunification...I know vague

Yeah, have to agree with Mrs Doolittle - he needs to talk to a lawyer. If the divorce was done here there may be clauses that will help or not.

This tells you what the situation is for non-EU nationals after a death or divorce.

https://www.ch.ch/en/right-to-reside...th-or-divorce/

But that's for people living here when it happens. As far as I know, barring any clauses in the divorce contract, the only way he could move back would be to get a job here like any other non-EU national. Even if he kept his permit after the divorce initially, he's now moved out of the country so would come under the non-EU hiring criteria.
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Old 03.01.2018, 11:10
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Re: Divorced, Children, Reunification...I know vague

I was thinking the same about the lawyer. They got divorced in the EU actually.
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Old 03.01.2018, 12:17
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Re: Divorced, Children, Reunification...I know vague

It'll depend on what the laws in the EU country say about divorce then most likely. Whether it's joint custody or not, geographical restrictions, etc. But lawyer in that country is really the first port of call, then take it from there.
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