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Parents whose jobs could see them moving abroad will have to get permission in future

BERN, SWITZERLAND – Divorcing parents in Switzerland will soon be faced with joint custody as the norm. Switzerland is changing its child custody laws to balance the rights and responsibilities of both parents, in the case of divorce but also of non-married parents who do not live together.

The Federal Council adopted measures Thursday 17 November that makes joint custody the rule; only when a child’s welfare is considered at risk will the courts be able to make an exception. Examples of this could be inexperience, sickness or infirmity, a tendency towards violence or absence.

The Swiss parliament will need to approve the new measures which were recommended to the council, or cabinet, by a parliamentary commission. They have also been reviewed by a roundtable that involved parliament and the measures are not likely to face strong opposition.

The law currently gives custody to one parent in the case of divorce but only to the mother if the parents never married. Parents who want joint custody must apply for it after coming to an agreement on visits and financial support.

Parents who are not married but who split up will no longer have custody automatically given to one parent; if they cannot resolve issues of visits and money, child protection authorities will decide which parent is given custody.

Joint decisions about domicile, daily life

Joint custody implies shared decisions about a child’s welfare, the council says, but the potential for abuse is there. To avoid one parent using this to complicate the life of the other, the parent with whom the child lives will have responsibility for daily and urgent decisions. This will cover, for example, food, clothing and pasttimes.

A change that could have a major impact on couples where at least one parent is a foreigner is the issue of domicile. If one parent wants to move away, either out of the country or at a great distance within Switzerland, the one leaving will need the other parent’s permission in order to continue to have shared custody. If the two parents can’t agree, a decision about custody will be made by the judge or in the case of non-married parents the child protection service.

Financial support to be shared more equally

The council also agreed to changes to financial support, but in a second phase because of the complexity of harmonizing regulations covering  divorced couples and unmarried parents. The law at the moment “falls short” says the council, particularly in the case of non-married women who cannot for now expect child support. If there is not enough money for two households, the one with custody of the child is responsible for making up the difference. Mothers in this situation often lean on welfare, with the obligation to pay it back once their financial situation improves.