GeCoBi position on the Federal Council's draft law

In principle, the Federal Council's draft legislation is a step in the right direction. It eliminates formal deficiencies in Swiss legislation, which to date has been neither in accordance with the Federal Constitution nor with human and children's rights. We welcome the legal equality of children of married and unmarried parents, of mothers and fathers, as well as their priority in shaping their living conditions after a separation.

Nevertheless, the draft has serious shortcomings that fundamentally call its effectiveness into question. In particular, the possibility that a court can simply revoke parental responsibility is extremely problematic. It makes it far too easy for courts to deprive a parent of parental responsibility in cases of disputes. This is incompatible with the spirit of the proposal and with essential legislative objectives such as legal certainty and equality before the law. Instead of seeking to resolve disputes through court proceedings, estranged parents should learn to communicate with each other again in the best interests of their children through court-ordered mediation.

Switzerland has ratified international agreements that provide precisely for this in cases of cross-border custody disputes. We demand that this child- and parent-friendly approach be enshrined in Swiss law. This requires explicitly establishing shared parenting with equal care as a fundamental principle in law. Building on this, parents – even those in conflict – should be encouraged to develop a care and upbringing plan that works for them and their children. This principle has already proven successful in many cases and should therefore be incorporated into Swiss law.

At GeCoBi, we welcome the proposal to criminalize the unjustified denial of contact between a child and a non-custodial parent. We demand that aiding and abetting this also be punishable. This requires clear and unambiguous legal language. Furthermore, we call for a criminal provision against induced parental alienation (PAS).

Here you will find the complete document.