Custody After Separation – Rights and Obligations of Parents
In a separation, the children come first. We explain how joint parental custody works and what rights you have as a parent.
Joint Parental Custody as the General Rule
Since the revision of the law on children, joint parental custody has been the general rule in Switzerland (Art. 296 et seq. Swiss Civil Code) – including after a separation or divorce. Both parents share responsibility for the upbringing and development of their children.
What Does Joint Parental Custody Cover?
Parental custody comprises:
- The right to determine residence: Where does the child mainly live?
- The right of upbringing: Decisions on schooling, religion and medical treatment
- The right of representation: Legal representation of the child vis-à-vis third parties
- Asset management: Administration of the child's assets
Care and Day-to-Day Living Arrangements
Care (Obhut) determines with which parent the child lives on a day-to-day basis. Courts increasingly order alternating care, under which the child lives with both parents in turn.
Visitation Rights
The parent not providing day-to-day care is entitled to reasonable personal contact with the child (Art. 273 Swiss Civil Code). A common arrangement is one weekend every two weeks plus half of the school holidays.
When Is Sole Custody Awarded?
Only in exceptional cases, where this is necessary to safeguard the child's welfare (Art. 298 Swiss Civil Code) – for instance in cases of:
- Serious endangerment of the child's welfare
- Persistent inability of the parents to communicate
- Domestic violence or abuse
Our Recommendation
Amicable solutions are, as a rule, preferable in the children's interest. We support you in finding a fair and child-focused arrangement and represent you in court where necessary. Arrange an initial consultation if needed.
This article provides general information and does not replace legal advice in individual cases.