Parental care (Switzerland)

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The parental authority is a term from the Swiss family law and regulates the relations of adult parents to their minor child.

According to Art. 296 of the Civil Code (ZGB), parental custody serves the best interests of the child . It includes the care, upbringing and legal representation of the child in accordance with Articles 301-306 ZGB. Parental custody includes the right to determine the child's place of residence, to provide them with school and professional training, to provide for their religious upbringing and to manage their property (Art. 318 ff. ZGB). Due to parental responsibility, the parents are entitled to take care of the child.

Parents exercise parental custody together during the marriage. In divorce or marriage protection proceedings, parental custody can be transferred to one parent alone by a judicial decision or a decision by the Child and Adult Protection Authority (KESB).

Joint parental custody has also been the rule for unmarried couples since 2014, but requires a joint declaration from the parents to the registry office for births after July 1, 2014 . Until the declaration is made, custody remains with the mother. If the parents cannot agree, the KESB can be called and joint parental custody can be ordered. If the separated parents live in a permanent conflict, parental custody can also be assigned to one parent alone. In the case of unmarried couples who do not live together, joint parental custody can only be considered if both parents take on a share of the care of the children and a maintenance contract approved by the KESB is in place.

If the parents exercise parental custody together and one parent wants to change the child's place of residence, this requires the consent of the other parent or the decision of the court or the KESB ( Art. 301a ZGB, so-called rein article ).

literature

  • Hilke Berlin: Children's and youth rights in Switzerland: an investigation with special consideration of the new federal constitution. Volume 17 of European and international integration law, LIT Verlag, Münster 2011, ISBN 3-643-11108-8 .
  • Jörg Geissbühler. Social in Switzerland. Personnel and leadership, Compendio Bildungsmedien AG 2012, ISBN 3-715-59571-X .

Individual evidence

  1. ^ Nicole Fernandez, Helena Ott: Joint custody: What does joint custody mean? Observer , December 1, 2017
  2. ↑ Arnd Ulrich Kröger, Markus Kaufmann: Parental custody - new regulation from July 1st, 2014 September 2014
  3. ↑ Katharina Fontana: Reductions in joint custody NZZ , August 27, 2015
  4. ^ The pitfalls of joint custody, Tages-Anzeiger , September 25, 2012
  5. ↑ Philippe Zweifel: “The fight for custody is intensifying” How is the new custody law implemented in practice? "In favor of mothers," says father lawyer Oliver Hunziker in the Berner Zeitung , November 10, 2015
  6. ↑ Stephan Hinz, Simona Serratore: Care and visiting rights in the case of joint parental custody - what if one parent moves far away? 29th November 2017