Basically, the draft of the Federal Council goes in the right direction. It eliminates formal deficiencies in Swiss legislation that have so far not been in line with the Federal Constitution or with human and children's rights. We welcome the legal equality of children of married and unmarried parents, of mothers and fathers, and their priority in shaping their living conditions after a separation.
Nevertheless, the draft has serious gaps that fundamentally call its effectiveness into question. In particular, the possibility that a court can easily withdraw parental responsibility is extremely problematic. It makes it all too easy for the courts to relieve a parent of parental responsibility in the event of a dispute. This is neither compatible with the spirit of the bill nor with essential tasks of legislation such as legal certainty and legal equality. Instead of wanting to decide disputes through court proceedings, quarreling parents should learn to communicate with each other again in the interests of the children by means of an arranged mediation.
Switzerland has ratified international agreements that provide for precisely this in the event of cross-border custody disputes. We demand that this child- and parent-friendly approach is also anchored in Swiss law. This requires an explicit codification of joint parenthood with equal care as a principle in the law. Building on this, parents – including quarreling parents – should be encouraged to develop a care and upbringing concept that is right for them and their children. This principle has already proven its worth many times over and should therefore also be anchored in Swiss law.
At GeCoBi, we welcome the fact that the unjustified refusal of a relationship between a child and a parent who is not entitled to custody should be made a punishable offence. We demand that aiding and abetting should also be punished. This requires catchy, unavoidable formulations. In addition, we call for a criminal law against induced parental alienation (PAS).
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