"Abusive" relationship, unemployed, international custody

[Onlyrainbows]

My sister lives in Switzerland. She only got married because she needed a visa to stay with her then boyfriend but she was never fully convinced by him nor his family. She was 38 and they had been together for a while so maybe she thought she had wasted her best years, who knows! Fast forward and now they're both unemployed, they have an almost 3yo, he's very short tempered (she's a nightmare to be around and thus why don't talk to her and only know about this via our DM). They keep getting on regular fights about everything, mostly that given that she doesn't work she doesn't look after flat and son properly (but he's unemployed too). They almost called the police the other day but they didn't. I think my should just leave, but she's concerned he'll take primary custody and won't get a visa to raise their son in Switzerland. I wish I could any decent advice, but I really don't know what to tell her.

Sorry to hear this.

I would suggest telling your sister, or if she isn't in a situation to do so, maybe you could on her behalf, but ring a solicitor and get a free hours initial consultation. They'll be able to offer you advice, or scenarios etc. which you can then relay to your sister, for her to make a decision on weather they are the steps she wants to take.

This sounds like legal advice is definitely needed. And I would seek professional guidance especially when their is a child in the middle of it all.

It would have to be a Swiss lawyer, wouldn't it? My nephew is Swiss.

I would expect that local solicitors would be able to offer you advice regarding that. Some maybe even expertise in overseas cases because they must happen!
I would say start with that call, explain Initially that it's a very complex situation, but your seeking any advice or guidance possible.

They will listen and be able to inform you from there .... I'm presuming your sister isn't Swiss? And although her child was born in Switzerland, he'd have dual nationality. And your sister is still his mother, regardless of which continent he's born in..

Has your sister actually expressed a desire to leave him? And who has she expressed this to? Are they not able to offer her refuge with them in the meantime to remove her from the toxic situation she's found herself in? X

A child doesn't automatically get dual citizenship (I know this ver well) it's only of you go and register at an embassy/consulate that they would get it (and both parents have to agree to it). I don't think she's got many local friends and she hates her in-laws.

Could he be persuaded to move to the uk as they would be able to claim benefits get housed etc. I know in reality it’s not that easy but the impression is that it is easy. Once they are all back in the uk and the child is enrolled at preschool, which would be free it would be the child’s home. They can then split up if they wish but away from the in-laws and where your sister can make some friends and get a job, he can get a job as well it may work out

They'd never move here without a job. They think the whole welfare system is very much "below" them. In Switzerland works as some sort of insurance and they still can go on holidays, etc... They're both highly educated people his last role was as a researcher/lecturer in European Law at Zurich University. He hasn't been able to find a similar role (he's only work in academia I've suggested he should look for jobs in the Swiss civil service). My sister is a doctor in criminal law, but she can't set up practice there as she didn't study there be and she only wants to work in her field.

It is highly unlikely you'll get an hours free legal advice on this, the suggestion is almost laughable.

Your sister needs to see a local (to her) family solicitor. That's if she actually wants to leave. Given the situation, I'd be concerned that the husband may get the ball rolling himself and the decision will be taken out of her hands.

I think she'd leave but stay in Switzerland. I wouldn't stay at all and leave the country, but that's me. I genuinely don't see any reason to stay, but I don't know how s custody arrangement would work. I just feel she's very much trapped in this situation.