Vanessa Ndoumbe Nkotto
Visit company website
I am an experienced lawyer in family law, both national and international, as well as in private international law, giving me a wealth of knowledge and expertise that I leverage to assist my clients, even in the most complex cases.
The cases that I work on concern various areas of family law, including marriage, cohabitation, parentage, adoption, medically assisted procreation (MAP) including surrogacy, separation, divorce, child protection measures, curatorships, international child abductions, relocation, maintenance contributions, liquidation of matrimonial property regimes, division of occupational pension benefits, recognition, exequatur and complementary judgments, and more.
I always assist my clients with seriousness, rigour and efficiency, both in advice, alternative methods of conflict resolution, negotiations, and in litigation, at all stages of the procedure, before the cantonal and federal authorities.
Relevant experiences and positions
I have been a licensed lawyer since 2013 and am registered with the Geneva Bar Association. In March 2023 I joined OratioFortis Avocates as a partner.
I am a member of the Children Rights Commission of the Geneva Bar Association and the Human Rights Commission of the Geneva Bar Association.
In addition to my legal practice, I am currently writing a doctoral thesis at the University of Geneva, on the topic of surrogacy.
Some personal questions
What is your advice to parents who are thinking about relocating with a child?
From a Swiss law perspective, it is important for parents thinking about relocating with a child to know that the authorization of the judge will depend on the extent of the relationships of the child with both parents and also on the strength of their project abroad. The proceedings can also take time. I would advise to try to negotiate first with the other parent, when possible.
When did you first handle a child abduction case?
In 2014. It was very interesting and challenging especially due to the very young age of the child, but thankfully we obtained his return in the country of origin.
Why is it interesting for you as a lawyer to work on these cases?
Those cases are interesting from a technical and a legal point of view. But they also often are very sensitive and must recall to all the parties to have in mind the best interest of the child.
What do you think all people should know about child abduction cases?
It is important to remind that when the return of the child is ordered, it is in the country of origin, and not in a specific place of this country. This can be a surprise for the parent asking for the return when the abducting parent goes back to the country of origin but in another place, for instance far from the city when the parents and the child were living.
What is your advice for parents who are dealing with a case of child abduction?
When a request of return has to be filed in front of the Swiss courts, it is not advisable to file a criminal complaint against the abducting parent in the country of origin. It was stated in a recent Swiss case law that the fact that there was a criminal complaint filed against the abducting parent in the country of origin and a risk of imprisonment can be considered as exceptions to the return, especially when a separation of the child and the abducting parent, who is the parent of reference, is not in the interest of the child.