I have to agree with W-Maximus that you probably need professional advice, but:
One thing that you can do is make sure the court order you have from England is recognized here in Switzerland. This involves basically registering the court order with the appropriate authorities here. That way, should your ex decide to go after you for kidnapping, the authorities here will already be informed and can make short work of such a claim. On the other hand, if the authorities here refuse to recognize the order, they will tell you why and you will know where things stand.
As to jurisdiction, it may have something to do with when the order was made. As of the end of February 2010, the UK is party to the Hague Convention on Jurisdiction, Applicable Law, Recognition ... of Parental Responsibility ... Protection of Children ( http://www.hcch.net/index_en.php?act...ns.text&cid=70 )
The Swiss admin website has more information:
http://www.bj.admin.ch/content/bj/en...utz/hksue.html . Basically a change of the child's habitual residence to another Contracting State gives the authorities of that state jurisdiction. This is, I believe, what you would like. If this convention applies, then, if your daughter is considered to have her habitual residence here, which will be determined by the Swiss authorities, Switzerland will have jurisdiction.
I don't quite know where "in the kitchen and at parties" is located in Switzerland, so here is a list of the cantonal central authorities responsible for the application of the HC 96: http://www.bj.admin.ch/content/dam/d...behoerde-d.pdf .
Finally, I would also agree with Fidgety "let her chase it at her expense". Understandably you'd like some certainty, but having the court order recognized and enforced here in Switzerland should give you enough security for the moment without breaking the bank or going to court.
I will indeed look into registering the Court Order (Although the Gemeinde asked for and were provided with a letter from the our daughters Mother allowing our Daughter to "live" with me indefinitely in Switzerland. I will provide them and the school with a copy of current Court Order.
The option to let the Mother start the fight is an interesting one, I wonder how much legal support she will get. I know the Courts will assist but not advise on Legal Matters, so she will have to get legal advice and representation to navigate through the minefield that is the Home Office, Foreign Office and UK Family Court. Once costs start to run up, this may well prick her twisted conscience and her selfish priorities will kick in.
A big thank you to the people that replied. The quality and depth of answers given are a mighty help.
I know that this may no longer be relevant, but wanted to offer some help if you still need it. I believe that if you have lived in Switzerland for over 1 year with such an order than the Swiss courts will now have jurisdiction of the matter. A word of advice, not sure of the costs involved, but you could consider registering the UK order in Switzerland which will seize the Swiss jurisdiction. The British courts have no rights to interfere any more once they have granted you a permanent leave to remain. The term "until further order" is a safeguard should anything change from the date of the order until your actual departure plus say 1 year. The High Court in the UK would deal with such matters and I am very confident that you can rest assured that you have no further dealings with the UK system. Hope this helps somewhat.
My children were both born here, and my ex-wife decided to return to England. My son had just found an apprenticeship here and my daughter went to the UK with my ex-wife.
I then had problems, as legally my ex-wife was still the guardian of both children, though she was co-operative. For my son she wrote a letter to the Vormundschaft office in Bremgarten, canton Bern, explaining that she was happy for me to take over the control and authority. The office lost the letter and later claimed that as 6 months had passed by, they no longer had any reason to rubber stamp anything. Happily after explaining why, my wife would counter sign anything important.
Then after 2 years my daughter returned to Bern, found an apprenticeship, and I faced a similar problem. I was not the legal guardian. I talked to the social department in my Gemeinde about getting the Vormundschaft to sort out the legal responsibility: they interviewed everyone and then made my daughter a person in need of protection. This was fine by me, it meant that any big decisions had to be agreed with the social department, and this worked for just one year until she became 18 years old.
Maybe that will give you some ideas for aproaching the problem from the Swiss side?