Convention de La Haye non applicable
Both countries are part, but Switzerland n & rsquo; has not ratified the & rsquo; entrance to Korea in the Convention as m & rsquo; in fact from my lawyer Charlotte Rossier :
Back to you concerning the Hague Convention of 25 October 1980 on the Civil Aspects of & rsquo; d & rsquo international kidnapping; child (CLaH 80).
I phoned that day to the central authority for removal, or the Federal Office of Justice in Bern.
It unfortunately appears that South Korea has acceded to the Hague Convention 80, but that Switzerland has not “accepted their membership”.
This means in practice that the Hague Convention 80 is, nowadays, not applicable between Switzerland and South Korea. An internal procedure is in progress in this direction, but the Federal Council has not yet “downstream” enabling the implementation of the Convention between the two countries.
This will obviously terribly complicate the return of Loïc and Leah in Switzerland.
Note that Korea has acceded to the Convention on 13 December 2012, et qu’elle est entrée en vigueur à Séoul le 1er mars 2013. That makes more & rsquo; a year that both countries are members without recognize each other. What can thus serve this convention in this case ?
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