GeCoBi has thoroughly examined the Federal Council's draft law on shared parental responsibility. The result is sobering: it in no way keeps what it promises - on the contrary.
There was a great deal of attention when, after more than three years of deliberation, the Federal Council finally presented a draft law for joint parental care after separation and divorce at the end of January. As the last country in Europe, the Swiss government now also wants to eliminate discrimination against fathers and unmarried children - and thus respond to a concern of the large majority of parliament and the population.
Easy removal of parental rights thanks to 'the best interests of the child'
Meanwhile, the experts at GeCoBi have thoroughly examined the proposed text. "Disappointment is overwhelming," says Michael De Luigi, head of the dossier at GeCoBi. "If this draft is incorporated into the law unchanged, the daily lives of those affected will hardly change." The equality of parents in raising children is merely a formality. In disputed cases, the court can easily remove parental responsibility from one parent by invoking the highly problematic concept of 'the best interests of the child'.
Court proceedings remain the sole means of conflict resolution.
The draft legislation contains no binding provisions for out-of-court dispute resolution, which has proven highly effective in many countries. Instead, it continues to rely on litigation – which demonstrably intensifies and prolongs conflict between parents. This may be in the interest of the divorce industry, but not in the interest of the children involved. It is also completely contradictory that the Federal Council has signed international agreements that mandate the use of mediation in cross-border divorce disputes. Domestically, however, it continues to prioritize court proceedings as the preferred method for resolving custody battles.
A departure from the rule of law:
Depending on their discretion, courts can employ various means to motivate feuding parents to cooperate – but none of them are binding. If courts are granted such broad discretion, resulting in completely different proceedings from judge to judge, a court decision becomes a lottery – legal certainty and equality before the law are no longer guaranteed. "If this draft becomes reality, further generations of children of divorce will be traumatized by unnecessary separation battles. We need concrete improvements for mothers, fathers, and children affected by separation and divorce – not fine-sounding but empty legal prose," says De Luigi.
The Swiss Association for Shared Parenthood (GeCoBi) is the umbrella organization of 13 organizations and committed individuals from all over Switzerland who are committed to equality for parents in raising children even after separation or divorce.
Please also read our detailed position paper .
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