Swiss legal regulation of custody rights is an essential component of children’s and family rights.
It is an area of law specifically devoted to determining where, how and by whom a child will be raised following separation or divorce.
Decisions made within this framework are profoundly influenced by the central notion of the “best welfare of the child”, ensuring that the child’s needs and interests are always at the heart of the decision-making process.
The difference between parental authority and custody rights
Parental authority and custody rights, although often used interchangeably, have distinct nuances in the Swiss legal context.
Parental authority covers all parental responsibilities, rights and duties towards the child, encompassing long-term decisions such as education, major medical care and religious choices.
Custody rights, on the other hand, are more circumscribed.
It determines which parent the child will primarily live with, and who will be responsible for day-to-day decisions concerning the child.
This responsibility encompasses areas such as daily routines, nutrition, recreational activities and routine health care.
Different categories of custodial rights
Swiss legislation has developed several categories of childcare to best meet the varied needs of families and children:
- Sole custody: The child lives with one parent, who is responsible for all day-to-day decisions.
The other parent, although he or she may have visitation rights, does not have the right to make major decisions concerning the child without consultation.
- Shared custodyBoth parents share equal responsibility for the child.
This requires close collaboration to ensure that the child benefits from a coherent and harmonious upbringing.
- Alternating custodyThe child spends defined periods of time with each parent.
For example, one week with one parent, one week with the other.
This enables the child to maintain strong ties with both parents, but also requires effective communication between the parents.
Criteria for awarding custody
Swiss courts use a series of criteria to determine the most appropriate type of custody for a child.
These criteria include, but are not limited to, the child’s preferences (if he or she is old enough), each parent’s ability to provide for the child, the family environment, the parents’ mental and physical health, and any history of violence or abuse.
In this process, the court may enlist the help of experts, such as psychologists or social workers, to assess the situation and give an informed opinion.
Ordinary financial contribution
One of the most important aspects of custody rights in Switzerland is the financial obligation of parents towards their children.
Swiss law recognizes that raising a child involves costs, and that these costs must be shared equitably between the parents.
The amount of the financial contribution is determined according to the parents’ income, the child’s specific needs and other relevant factors.
In sole custody situations, it’s common for the non-custodial parent to be required to pay child support to help provide for the child.
In shared or alternating custody situations, the situation can be more nuanced, requiring a detailed review of each parent’s expenses and contributions to ensure that the child receives appropriate financial support.
