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  #21  
Old 29.09.2011, 14:40
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Re: Divorce and custody issues in Switzerland

Thank you for your response. it sounds like you have both "Die gemeinsame elterliche Autorit� und gemeinsames Sorgerecht". Usually if you have joint custody, the child lives 50% of time with you and 50% with the father. This is actually very unsettling for children and only benefits the parents. I am surprised the judge pressed for that. But you are saying that your child lives with you with visiting rights for the father. It still sounds that you have sole custody and joint parental authority unless I have incorrect info from the lawyer..
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  #22  
Old 29.09.2011, 15:04
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Re: Divorce and custody issues in Switzerland

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In most cases, the courts will give the mother custody (la garde) of the child(ren).
The main exception is when the mother works, and the father is a stay at home dad. Then, the father gets custody (I know of several cases).

Tom
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  #23  
Old 29.09.2011, 15:08
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Re: Divorce and custody issues in Switzerland

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OP wrote that any discussion with her husband was very difficult. Thanks for being kind in your advice but sometimes a tuteur is used in the case the parents cannot discuss the affairs of the child. In the case that it becomes apparent to a judge presiding over the divorce, he/she in any case has the power to appoint a tuteur.
But that would be a tuteur for the child, and not the parents (to represent the interests of the child).

Tom
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  #24  
Old 01.10.2011, 10:01
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Re: Divorce and custody issues in Switzerland

Here's some more information on new legislation regarding custody http://www.law-news.ch/2011/01/gemei...r-regel-werden
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  #25  
Old 01.10.2011, 13:32
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Re: Divorce and custody issues in Switzerland

Thank you swissmama. I looked into the link but it's in German! and I don't speak german. I used google translate but I am not clear what the status is regarding imposing joint parental authority. I assune the article discusses joint parental authority and not joint custody, correct? when will the law be passed?
Thank you for your help
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  #26  
Old 01.10.2011, 13:37
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Re: Divorce and custody issues in Switzerland

It seems a new law is about to be voted, granting parental authority to both parents when divorcing. Shared authority would become the norm, unlike now where it's possible only if the one having custody agrees to share the authority.
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Old 01.10.2011, 13:37
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Re: Divorce and custody issues in Switzerland

Basically, it says the joint parental rights will be the norm, regardless of marital status.

Tom
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  #28  
Old 01.10.2011, 13:55
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Re: Divorce and custody issues in Switzerland

Thank you. Do we know when will this take affect? I am in the process divorcing from my husband and I wanted full parental authority. I am afraid that with joint parental authority my husband will control where I live (as this would be where our child lives) and make life difficult for me..
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  #29  
Old 01.10.2011, 14:49
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Re: Divorce and custody issues in Switzerland

It's a matter of months now. And it might very well be retroactive... I'm afraid you won't have the choice
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  #30  
Old 01.10.2011, 21:46
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Re: Divorce and custody issues in Switzerland

Thanks. I guess Ill just have to live with it.............
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  #31  
Old 16.04.2012, 16:17
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Re: Divorce and custody issues in Switzerland

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Firstly, I totally understand how you are feeling at the moment (distance from family etc). I went through a similar situation recently, and custody was only resolved this year in April, so very recent.

I found the comments above very different from my experience.

I think there is a misconception that mothers will automatically be granted sole custody in Switzerland. I certainly believed this initially.

The judge in my case was very clearly in favor of joint custody (even though my daughter lives with me)...
I had a similar situation. My child had always been with me from the start and then lived with me full time. Do not be under the common misconceptions that;

as a mother you WILL get full custody - I had to fight for 5 years!
That you are entitled to a "similar lifestyle to the one you had during marriage" I have been left penniless literally due to 5 years through the Swiss court system with an awful money grabing lawyer.

It really does seem to depend on the judge personal feeling not fact.

Basically be VERY careful, do not sign anything unless you have discussed with people you trust throughly, do not believe everything your lawyer tells you, and, check/follow up on everything your lawyer should be doing...
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