Children's matters & 
fathers' rights

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Describe your case—confidentially, in your own language, with a clear assessment of the next steps.

HOW ARE CHILDREN'S MATTERS HANDLED
IN THE EVENT OF SEPARATION OR DIVORCE? 

In the event of a separation or divorce, all matters concerning the children are comprehensively addressed: parental responsibility, caretaking arrangements, visitation rights, and the child’s place of residence. In Switzerland, joint parental responsibility generally remains with both parents after a divorce; this may defer from specific arrangements of care and contact in everyday life. For fathers who have an active level of involvement in the upbringing of their children, it remains a challenge to obtain a fair arrangement. We advocate for a solution that meets the child’s needs while giving appropriate consideration to the rights of both parents—also in cases with international implications. 

PARENTAL CARE
AND CUSTODY

Joint parental responsibility as the rule
Under Swiss law, parental responsibility generally remains with both parents jointly following a separation or divorce. Sole legal custody is granted only in justified exceptional cases, such as when the child’s wellbeing absolutely requires it. We assess the specific circumstances and represent our clients’ interests within this framework. 

Childcare arrangements and alternating custody 
A central issue in child-related matters is often how daily care is divided—ranging from a primary care arrangement with visitation rights to alternating custody, in which both parents provide roughly equal care. We develop child-care arrangements that are guided by the child’s best interests and the family’s actual living situation. 

The child’s habitual residence
The child’s residence is closely linked to custody arrangements and has a direct impact on school, daily life, taxes, and the child’s social environment. We assist parents who are seeking a change in residence or who need to fight such a change. 

FATHERS' RIGHTS 

Ensuring equal involvement: 
In practice, fathers are still more often expected to settle for a secondary role in child care. We are committed to ensuring that a father’s actual involvement in his child’s life is appropriately reflected in custody and visitation arrangements. 

Enforcing visitation rights
If personal contact with the child is hindered or denied, we act swiftly to enforce visitation rights through the courts and prevent long-term alienation. In such cases, quick action is often crucial to maintaining a healthy parent-child relationship. 

Procedure in case of unilateral decisions by the mother or the father 
If one parent unilaterally makes significant decisions regarding the child’s school, place of residence, or medical care without involving the other parent, we explore legal steps to effectively enforce joint parental custody. 

CHILDREN'S ISSUES IN AN
INTERNATIONAL CONTEXT 

Moving abroad with a child
A planned move by one parent to live abroad with the child always requires the consent of the other parent or court approval. We review the requirements and represent you in both cases, if you are planning to move or if you are the one who is opposing the move. 

International child abduction
If a child is unlawfully taken abroad or is being held there, we act with the utmost urgency, drawing on the relevant international agreements and our network of partner law firms in more than 80 countries, to secure the child’s return. 

Cross-border enforcement of visitation rights 
when parents live in different countries, the practical arrangements for visitation rights—including travel, vacation arrangements, and communication channels—require particularly careful and enforceable provisions. We draft these agreements so that they remain valid across borders and are enforceable in the event of a dispute. 

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FREQUENTLY ASKED QUESTIONS ABOUT
CHILD ISSUES & FATHERS' RIGHTS

DOES ONE PARENT AUTOMATICALLY LOSE CUSTODY OF THE CHILDREN IN A DIVORCE?

No. As a general rule, parental responsibility remains shared by both parents; sole legal custody is ordered only in justified exceptional cases.

In theory yes. We are committed to ensuring that a father’s actual involvement in his child’s life is given due consideration.

A custody arrangement in which the child is cared for by both parents in roughly equal measure. We assess whether this arrangement is in the child’s and our client's best interests in each specific case.

Generally not, unless the other parent agrees or the court approves the move. We review the requirements on a case-by-case basis.

We take immediate action through the relevant international agreements and our network of partners to secure the child’s return.

We enforce visitation rights through the courts and act swiftly to prevent long-term estrangement.