Legal Basis

Apart from the HC 2000, two federal acts apply in relation to the international protection of adults.

FA-ACA

The Federal Act of 21 December 2007 on International Child Abduction and the Hague Conventions on the Protection of Children and Adults (FA-ACA; RS 211.222.32) came into force on 1 July 2009. In relation to the international protection of adults, it defines the jurisdiction of the federal central authority and the cantonal central authorities.

FAPIL

Under art. 85 para. 2 of the Federal Act of 18 December 1987 on International Private Law (FAPIL ; RS 291), in relation to the protection of adults, the jurisdiction of the Swiss judicial or administrative authorities, the applicable law and the recognition and execution of foreign decisions or measures are governed by the HC 2000.

Under art. 85 para. 3 FAPIL, the judicial or administrative authorities also have jurisdiction when the protection of a person or their property so requires. This allows the Swiss authorities to take measures relating to adults domiciled abroad who need protection, where the authorities of the State where they are habitually resident neglect to do so. This applies primarily to people who are habitually resident in a non-Contracting State and who are Swiss citizens.

Finally, paragraph 4 provides for the recognition of the measures ordered in a State that is not a party to HC 2000 if the measures have been ordered or recognised in the State where the adult concerned is habitually resident.

Legal Basis

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