| Statutory regulation of joint parental responsibility
The proposed law consists of the following new articles:
nArt 297 ZGB Parental responsibility: principle
1Regardless of their marital status, father and mother are equally responsible for the care and upbringing of their child.
2The court may restrict or withdraw the exercise of parental responsibility by one or both parents only for important reasons and only as long as those reasons exist.
3A previously existing custody arrangement must be adapted to the applicable law if one of the parents requests this within two years of its entry into force.
nArt 297a ZGB Parental responsibility: arrangement
1If the parents are not married to each other, if they separate or divorce, they must come to an agreement on their share of the care, maintenance and upbringing of the child as well as the future settlement of conflicts.
2The parents take the interests of the child into account and take their wishes into account according to their age and maturity.
3The cantons regulate the details of the procedure and designate the body that oversees the drafting of the agreement.
4The agreement takes legal effect when it is reported to the competent authority or by the judgment of the court.
nArt 297b ZGB mediation procedure
1If the parents cannot agree on questions of child care, the distribution of child support payments or other important decisions for the child, they have to undergo a mediation procedure.
2The cantons ensure that the mediation process is carried out quickly and competently and create the necessary services. In doing so, they take into account the economic capacity of the parents.
nArt 297c ZGB Lack of agreement
1The court can regulate important matters provisionally until an agreement on the structure of parental responsibility has been concluded.
2At the request of a parent, a provisional regulation is made within two weeks.
3If the parents cannot agree on the extent of the care of the child, both parents shall each take care of the child equally, unless important reasons speak against it.
4The court hears those affected, takes their behavior into account in the mediation process and decides on the further details and the distribution of maintenance costs.
5The court shall hear the child personally if it deems it necessary for the nature of the matter and there are no serious reasons not to do so. It ensures that the hearing is appropriate to the child's age, maturity and circumstances.
6The court can order measures to promote an amicable solution between the parents or to ensure that joint parental responsibility is exercised in a child-friendly manner.
nArt 297d ZGB Modification of the agreement
1If the parents agree on an amendment to the legally binding agreement on the structure of parental responsibility, they report this to the competent authority.
2If a significant change in the circumstances of the parents or the child necessitates an amendment to the agreement and if the parents cannot reach an agreement, the provisions on the obligation to participate in mediation proceedings and the jurisdiction of the court shall apply accordingly.
3If a parent violates a legally binding agreement repeatedly or in a serious manner, the court can, upon request, amend it in such a way that it is in the child's long-term interest. It incorporates the child's views in an appropriate manner.
4If one parent dies or is no longer capable of bringing up children, parental responsibility is transferred to the other parent, unless there are important reasons not to do so.
nArt 298 ZGB decisions for the child
1The parent with whom the child is staying can make everyday and urgent decisions for the child alone.
2Important decisions for the child are to be made jointly by both parents.
3The parents take the interests of the child into account and take their wishes into account according to their age.
4If the parents disagree, the provisions on the obligation to participate in a mediation process and the jurisdiction of the court apply mutatis mutandis.
nArt. 218 StGB impairment of relationships with the other parent
1Anyone who interferes with the relationship between the child and the other parent or who makes the task of the person bringing up the child more difficult will be punished with imprisonment for up to three years or a fine.
Articles to be customized
Art 256.1 ZGB Contesting paternity
(supplemented)
3. by anyone who can credibly demonstrate that he/she was with the mother between the 180th and 300th day before the birth.
Art 256c.1 ZGB legal period
The husband or presumed father must file the complaint within one year of learning of the birth or the fact that he is not the father or that a third party was with the mother around the time of conception.
nArt 275a ZGB information obligation
1The parents must inform each other promptly about incidents that are important for the child. 2They can obtain information about the condition and development of the catch up with the child.
nArt 310 para. 3 ZGB cancellation of parental care
3If the reasons that led to the child's removal from its parents no longer exist, the child must be returned to its parents unless there are good reasons to do otherwise.
nArt 311 Para. 4 ZGB withdrawal of parental responsibility
4If the reasons that led to the withdrawal of parental responsibility no longer apply, it must be granted again to the parents concerned.
nArt. 220 StGB disregard for care responsibilities
1Anyone who refuses or makes it impossible for the other parent (or an officially or judicially designated person to exercise responsibility for the child) to take care of the child without a good reason, or who provides assistance in doing so, will be sentenced to imprisonment for up to three years or fined.
Version 3.2 / 04/19/09 |