Ten years have passed since joint custody became the standard.
It's time, therefore, for a review and a look ahead. The introduction of joint custody as the norm corrected a major oversight in the revision of divorce law. Previously, fathers in particular were at risk of losing parental responsibility (custody rights) in the event of divorce; now, at least for married fathers, the legal status of being a co-responsible parent is guaranteed even after a divorce.
Unfortunately, it was not possible to guarantee the same starting point for unmarried fathers. They had to settle for a less favorable solution, namely the ability to apply for joint custody. A recent motion (24.419) by MP Philipp Nantermod aims to eliminate this disadvantage.
One of the most important aspects of joint custody lies in the joint determination of the children's residence. Article 301 of the Swiss Civil Code, known as the "relocation article," was intended to ensure that no child could be moved without the consent of the other parent.
Unfortunately, practical experience has shown that this failed due to practical problems. Only in the last two years have municipalities and cities begun to implement more restrictive procedures for changing children's registered addresses. Before that, it was far too easy to simply change a child's registration. Even if the courts subsequently ruled in favor of the other parent, it was often already too late; the child had already started school at the new location, and thus, the damage was essentially done.
Our main criticism is directed at those municipalities and cities that still fail to consistently implement this crucial aspect. In doing so, they are thwarting the valid rights of parents and, in particular, children. Further criticism is directed at authorities, and especially schools, that in some cases still fail to properly implement the right to information under Article 275a of the Swiss Civil Code and ensure that both parents receive the same information. While this is not directly related to custody, it is nevertheless an integral prerequisite for being able to exercise the rights and responsibilities arising from custody.