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Old 09.04.2018, 10:47
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remove parental authority

Hi,
Long story short.

Not married, living with ex and our son (8 years old)..
I did recognise my son when he was born.
I work, she doesn't. I pay apartment, food etc.
All three still under same roof due to financial difficulties.
She went to justice of peace last week and i received a letter for appointment there in one week, she has requested that any parental authority i might have be removed. She wants to move back to her country with our son (South America).

Can anyone recommend a lawyer in lausanne who can give me advice ?

edit .. i have permit C and my son also. My ex has a Permit B.
thanks

Last edited by ilikefondue; 09.04.2018 at 11:13.
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  #2  
Old 09.04.2018, 12:49
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Re: remove parental authority

Every specialised family lawyer should be able to handle this correctly, unless there is much more involved she stands absolutely no chance (Neglect, abuse etc..)
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Old 09.04.2018, 12:52
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Re: remove parental authority

thank you for your reply...

there is absolutely no neglect or abuse...

My ex and i have had our issues but i am a good father
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Old 09.04.2018, 12:56
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Re: remove parental authority

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thank you for your reply...

there is absolutely no neglect or abuse...

My ex and i have had our issues but i am a good father
In the basics it is very simple.

- Your son has the right to see you.
- You have the right to see your son.
- Unless you give permission she cannot take him elsewhere.
- Refusing to give up your son is no reason to redraw parental authority.
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Old 09.04.2018, 13:04
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Re: remove parental authority

Do you speak French (at what level) or does the person have to speak English. It will help people with their recommendations.
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Old 09.04.2018, 13:49
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Re: remove parental authority

I speak basic French so need to have a lawyer who speaks English
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Old 09.04.2018, 14:07
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Re: remove parental authority

update..

I went to the Justice of Peace at lunchtime,, and they said there should be an Annex letter in addition to the one pager i got. She said it should come today which will give more details about it.

She also recommended i get a lawyer.. ive been googling all morning and will pick on soon, but if anyone has any personal experience please let me know.
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Old 09.04.2018, 14:09
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Re: remove parental authority

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update..

I went to the Justice of Peace at lunchtime,, and they said there should be an Annex letter in addition to the one pager i got. She said it should come today which will give more details about it.

She also recommended i get a lawyer.. ive been googling all morning and will pick on soon, but if anyone has any personal experience please let me know.
Do you have a legal insurance?
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Old 09.04.2018, 14:11
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Re: remove parental authority

No unfortunately
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Old 09.04.2018, 14:17
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Re: remove parental authority

Try the search thing for "lawyer Lausanne" there are a few threads there.
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Old 09.04.2018, 14:53
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Re: remove parental authority

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Try the search thing for "lawyer Lausanne" there are a few threads there.
I hope you find a good one and when you do one of the first things you need to ask for is "Legal Aid". You mention about the finances earlier.
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Old 09.04.2018, 15:14
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Re: remove parental authority

Ok, i have an appointment at 5.30 today...
If anyone is interested i will post an update later..
thanks
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Old 09.04.2018, 15:27
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Re: remove parental authority

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Ok, i have an appointment at 5.30 today...
If anyone is interested i will post an update later..
thanks
Interested, but I feel I shouldn't be, as it is a private (and quite sensitive) matter...
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Old 09.04.2018, 15:28
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Re: remove parental authority

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Ok, i have an appointment at 5.30 today...
If anyone is interested i will post an update later..
thanks
Yes, please do let us know how you got on, tbh from the little you have given us so far, I can't imagine she has much of a leg to stand on. The stable situation your son has grown up in and the family's financial security has been down to you since his birth, would a judge allow that to be taken away from a child? I don't know.


Good luck!
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Old 10.04.2018, 10:02
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Re: remove parental authority

Update ..

In fact i went to a Juriste and not an advocat.. i didnt know the difference before i went there.

I explained the situation and they will help me write a letter to the Justice of Paix and I meet them again tomorrow and they will advise if I should bring a lawyer with me.

I will post another update then.
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Old 24.04.2018, 17:03
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Re: remove parental authority

Update..

I temporarily lost custody and for now she will keep 100% because the judge says even though we were together 15 years we were never legally married.
However, the judge has ordered an investigation into the suitability of both of us with the Service de protection de la jeunesse. This will not begin for at least 4 months and could take up to 6 months the Judge said.

Until then my ex cannot take my son out of the country.

The judge also said we must sort out our living arrangements through lawyers.

I am very dissapointed but my lawyer told me to keep my head down go through this slow painful process.

By the way, shes gloating that she has 100% but she left me with my son Thursday evening, all friday and saturday... so seems she wants me as her baby sitter..
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Old 24.04.2018, 17:10
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Re: remove parental authority

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...By the way, shes gloating that she has 100% but she left me with my son Thursday evening, all friday and saturday... so seems she wants me as her baby sitter..
Thanks for continuing to update and sorry this is such a stressful process. You may want to carefully document all instances when you're taking care of your son, so that you can later prove how much you've cared for him even though she was supposedly the 100% caregiver.
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Old 24.04.2018, 17:20
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Re: remove parental authority

Sorry to hear the latest decision on shared custody. I have heard it said by the Swiss that for fathers living in CH who are not married, they more or less have no rights and no claim to their biological child in the case of a break-up. However, as it is on a case by case scenario and going by what you say you have provided, I hope things will start to turn in your favour.


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By the way, shes gloating that she has 100% but she left me with my son Thursday evening, all friday and saturday... so seems she wants me as her baby sitter..
To add weight to your custody battle, you need to keep a record of such things, write down dates and times, take pictures of these moments spent together, all proof that she has relied on you, she may down the line deny such things ever happened.
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Old 24.04.2018, 17:21
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Re: remove parental authority

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Update..

I temporarily lost custody and for now she will keep 100% because the judge says even though we were together 15 years we were never legally married.
However, the judge has ordered an investigation into the suitability of both of us with the Service de protection de la jeunesse. This will not begin for at least 4 months and could take up to 6 months the Judge said.

Until then my ex cannot take my son out of the country.

The judge also said we must sort out our living arrangements through lawyers.

I am very dissapointed but my lawyer told me to keep my head down go through this slow painful process.

By the way, shes gloating that she has 100% but she left me with my son Thursday evening, all friday and saturday... so seems she wants me as her baby sitter..
She has 100% custody because you were not legally married and with de facto couples parental authority stays with the mother in CH.

In other words this has nothing to do with you being a good father or not. And the fact that she is already neglecting her maternal duties is totally in your favor. Document everything and then present the bill when it's due
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Old 24.04.2018, 18:21
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Re: remove parental authority

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She has 100% custody because you were not legally married and with de facto couples parental authority stays with the mother in CH.

In other words this has nothing to do with you being a good father or not. And the fact that she is already neglecting her maternal duties is totally in your favor. Document everything and then present the bill when it's due
And don't tell her you are documenting and don't present it before it's due!
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