How does the legal system in Switzerland approach the concept of shared custody, and what criteria must parents meet to be eligible for such an arrangement? Since 2014, in the event of a divorce, parents maintain equal rights and responsibilities in raising and caring for their children, known as joint parental authority. It’s crucial not to confuse this principle with child custody. Shared custody is not automatically granted by a judge in cases of separation or divorce; each case is assessed individually. The judge determines a custody arrangement that ensures the child’s stability and regular contact with both parents. In all matters concerning children, the judge must prioritize the child’s well-being. Maintaining a close relationship with both parents is vital for a child’s harmonious development, emphasizing the importance of the child’s ability to maintain such relationships whenever possible. In addition to assessing the parenting abilities of both parents, the court will evaluate their capacity to communicate and cooperate consistently concerning their children. It’s crucial to note that a parent’s opposition to shared custody does not automatically imply a lack of necessary cooperation. The geographical distance between the parents’ residences is also a significant factor. The paramount concern is to ensure the child’s continuous growth and development within a supportive and affectionate environment. Moreover, stability, especially as it relates to the child’s previous living arrangement, is of utmost importance. Joint custody becomes even more suitable if parents had been sharing caregiving responsibilities before their separation. Other factors considered include the child’s age, relationships with (half-) siblings, and integration into the broader social community. All these elements contribute to 68 LAWYER MONTHLY NOVEMBER 2023 Tackling Child Custody Disputes in Switzerland Thought Leader Taïsa TadèKlinkenbergh and Francesca Ranzanici Ciresa are partner at Klinkenbergh Legal, a law firm specialising in family law in the heart of Locarno. Founded at the beginning of 2023, the law firm accompanies and guides its clients throughout their entire process and promotes dispute prevention and alternative methods of resolution.
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