On December 16, the Federal Council took note of the responses to the consultation on the draft law on joint parental care after separation and divorce. He just wants to keep joint custody after a divorce; unmarried fathers would have to apply to the court. GeCoBi has commented on this in a communiqué:
The Board of Directors of the Swiss Association for Shared Parenthood (GeCoBi) welcomes the fact that the Federal Council intends to uphold both joint parental responsibility after the parents divorce and the criminal liability of refusing visitation rights.
However, we are surprised that the Federal Council wants to keep unmarried fathers and their children at a disadvantage. The abolition of discrimination based on marital status was welcomed by the majority in the consultation – contrary to the statements in the media release. According to the Federal Council, unmarried fathers should only have joint custody if the mother (who automatically has it from the birth of the child) consents to this or if a court grants a corresponding application by the father. Two weeks ago, the European Court of Human Rights (ECtHR) condemned Germany because the automatic exclusion of unmarried fathers from custody stipulated in the law violates the ban on discrimination. We cannot understand why fathers should again be systematically disadvantaged on this issue. We are also convinced that the ECtHR would also classify such a regulation as discrimination and that the law would have to be amended again.
Parental responsibility is first and foremost a child's right, namely the right to be cared for. The equal relationship to both parents is also a fundamental right of children according to the UN Convention on the Rights of the Child.
The children concerned do not care what legal relationship their parents have with one another. It is important for them that they have a stable relationship with both parents and that both are there for them. With the joint parental responsibility propagated by GeCoBi (which in many areas goes beyond the purely legal concept of joint custody), the framework conditions can be created for children to cope as well as possible with the separation of their parents.
The laws are not made by the Federal Council, but in Parliament. We are therefore confident that the national and state councils will adopt a solution that does not discriminate.
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