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Old 08.12.2019, 18:43
doropfiz doropfiz is offline
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Re: Divorce lawyer and advice

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Overall it seems Swiss law is not going to protect me.
That's right. The Swiss law on such matters underwent a major shift about a decade ago. Now, "protection" with regard to a spouse is deemed necessary only if there is abuse of some sort.

Other than that, both parents, and the divorce Court, are supposed to make every aspect of the decisions subject to the question of what protects not the adults but the children. Always, the focus is supposed to be: "What is in the best interests of the child?"

For example, the notion of a parent having "visitation rights" has been turned around to say that the child has a right to full and proper contact and access to both parents. It follows, therefore, that if the parent with whom the child does not reside is unable or unwilling to bring about the contact, the other parent as a parental responsibility to do what it takes to enable the child to enjoy that contact and maintain the relationship.

In this way, the law ends up meaning that divorced couples who have children continue to have quite a lot to do with each other, because they may, as MsWorWoo mentioned above, be granted joint custody (that's the default and very likely) and also because each parent has a duty to the child to ensure that the child can enjoy a relationship with the other parent, and to do/provide whatever else is in the best interests of the child. This is a further reason for the advice of several posters to steer the course which involves as little conflict and as few detours as possible.

Last edited by doropfiz; 08.12.2019 at 21:32. Reason: typo
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