Glossary · Swiss and international law
Prompt return (Hague 1980 art. 12)
Default rule: a child wrongfully removed or retained is returned immediately to the State of habitual residence if the application is filed within the year.
Reference : HCCH Convention 1980 — art. 12
If the return application is filed within one year of the wrongful removal or non-return, the seised authority orders the immediate return — without considering the merits of custody.
Past the one-year mark, the authority still orders return unless it is demonstrated that the child has settled in their new environment (art. 12 al. 2). This is why timing is critical in abduction cases.