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  #21  
Old 11.02.2020, 08:57
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Re: Permit for child, illogical requirement

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I think that's a good suggestion, Curley. Could you, or someone else, please translate your suggested letter text into French, as Zhanet is in Vaud?
No need for translation, I have people who will help me in this, but thank you for suggesting!

About sending in all the documents with explanation letter - yes, that was my first thought when I got this demand, so we are on same page.

About contacting father - yes I know at least his phone number, but it has never been personal or emotional from my side, as we are talking for what is best for my child. It is his choice to ignore all my requests (for documents or even meeting a child once in awhile) and that is reason I turned in to the Court. There are people in different kind of level, whom normal parents will never understand.
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  #22  
Old 11.02.2020, 10:17
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Re: Permit for child, illogical requirement

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It is his choice to ignore all my requests ... There are people in different kind of level, whom normal parents will never understand.

I'd just like to support Zhanet in this. If a person simply refuses to engage or comply, there's very little that can be done about it and in my experience, Swiss courts are not very well geared up to deal with it - not surprising in a culture that functions on consensus. Masterly inactivity it's called, and it's a form of passive aggression. My ex was like this and it's why it took me 6 years to get divorced.
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  #23  
Old 11.02.2020, 11:21
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Re: Permit for child, illogical requirement

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Court document says that from “that and that date” child wil live with mother in mothers approved place of residence, internationaly. It even says that when mother decides to visit native country, she can give notice to father one day before, so he can decide will he want a visit (so we understand that residence of child is not native country by default). Double checked also part about school holidays - document says that every year I must send to father holiday schedule for Switzerland or any other country where child will live. So, in my subjective opinion, father has signed document which says that child can live also abroad, if mother decides.
Here is the thing:

Your statement that you a have complete control over your child's life and that father has given up all his rights is not substantiated by the document you quote... the fact that it requires you to send the child's holiday schedule to him says otherwise...

I would strongly recommend you get a Swiss lawyer to represent you in this matter, because once things go down rabbit holes in Switzerland, the rabbit usually gets to keep them.
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  #24  
Old 11.02.2020, 12:44
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Re: Permit for child, illogical requirement

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Here is the thing:

Your statement that you a have complete control over your child's life and that father has given up all his rights is not substantiated by the document you quote... the fact that it requires you to send the child's holiday schedule to him says otherwise...

I would strongly recommend you get a Swiss lawyer to represent you in this matter, because once things go down rabbit holes in Switzerland, the rabbit usually gets to keep them.
I am sorry, but you are wrong. Of course I have not quoted in forum all information on document, only things which can better explain part of situation. The document clearly says that joint custody has ended. And yes, father has visitation rights, so my lawyer asked Court to put this in text about holidays so father knows when child could be visiting native country. Full custody, at least in my country, doesn’t mean that he is taken out from birth certificate. But he looses any legal rights over child - medical, educational etc.
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  #25  
Old 11.02.2020, 13:55
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Re: Permit for child, illogical requirement

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I am sorry, but you are wrong. Of course I have not quoted in forum all information on document, only things which can better explain part of situation. The document clearly says that joint custody has ended. And yes, father has visitation rights, so my lawyer asked Court to put this in text about holidays so father knows when child could be visiting native country. Full custody, at least in my country, doesn’t mean that he is taken out from birth certificate. But he looses any legal rights over child - medical, educational etc.
So you have not gone from 'I have all the rights' to 'I have to send the father the kids holiday schedule' to 'he has visitation rights'.

When means that it is not at all beyond the bounds of possibility that the Swiss authorities will require the approval of the father before issuing a permit.

Get yourself a lawyer.
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  #26  
Old 11.02.2020, 19:13
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Re: Permit for child, illogical requirement

Maybe my fault is that I say "full' instead of "sole" custody? If so, my apologies. Neither of them isn't something what take away visitation rights. And maybe I have used word rights in not the best way - I am the only one who is responsible, and father has same rights as , for example, grandparents. No one can take away visitation, giving tips, giving presents, phone calls etc. rights from grandparents if there isn't involved police/Court, right? But grandparents can't sign documents in which school child will attend, grandparents can't sign papers in hospital, take your child without legal documents to another country and so on. This is the case.

"A parent who has separate custody of the child has all the rights and obligations arising from the custody.The child has the right to maintain personal relationships and direct contacts with any parent (access rights)". Translated law, black on white. But I really don't have to explain it, as I know what my responsibilities and rights are, I have no questions about that.

About lawyer, yes, I called him today, he said that Court ruling by my country is mandatory also in Switzerland and in any other country, and came up with simple idea, which has worked before in Switzerland, so will see how they will respond. Thank you everybody!

Last edited by Zhanet; 11.02.2020 at 21:39.
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  #27  
Old 11.02.2020, 22:05
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Re: Permit for child, illogical requirement

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About lawyer, yes, I called him today, he said that Court ruling by my country is mandatory also in Switzerland and in any other country, and came up with simple idea, which has worked before in Switzerland, so will see how they will respond. Thank you everybody!
Oh, now that sounds promising. What does your lawyer think you need to do now?
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