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Old 23.05.2020, 17:22
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Child custody divorce

Dear all,
Me and my husband are both bit Swiss (but EU)
We live here and have one child, almost 15y.
Unfortunetly, Our relationship is not good anymore.
I am thinking about a divorce. The problem is following:
- I am not well intergrated here, I wish I can come back to my country.
I guess my husband will mot agree I do it with Our child.
What is the chance that I could bring my almost 15 y old Son with me ?
I want he finishes private school in my country.
I guess his father will disagree.
I cannot stay in CH, no job, no Real friends, no family support.
Is this possible that my son will be obligated to remain here ?

Many thanks for your advice
  #2  
Old 23.05.2020, 19:40
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Re: Child custody divorce

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Dear all,
Me and my husband are both bit Swiss (but EU)
We live here and have one child, almost 15y.
Unfortunetly, Our relationship is not good anymore.
I am thinking about a divorce. The problem is following:
- I am not well intergrated here, I wish I can come back to my country.
I guess my husband will mot agree I do it with Our child.
What is the chance that I could bring my almost 15 y old Son with me ?
I want he finishes private school in my country.
I guess his father will disagree.
I cannot stay in CH, no job, no Real friends, no family support.
Is this possible that my son will be obligated to remain here ?

Many thanks for your advice
What's bit Swiss?

At this age the child will be asked what he wants.
Also, to pull a "child" out of a school system one year before it ends anyway is not a good idea. Private or not.
Let's say, your child will not be able to/want to go to university. What are the educational possibilities for him in a craftman's trade in your home country?
How well does your son speak and write his mother tongue - well enough to just change schooling over night?

You may not have real friends here but your son might?

I think the first thing to do is talk to your son. Not talk him into something, talk to him.
All the best.
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Last edited by curley; 23.05.2020 at 22:17.
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  #3  
Old 23.05.2020, 20:07
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Re: Child custody divorce

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Dear all,
Me and my husband are both bit Swiss (but EU)
We live here and have one child, almost 15y.
Unfortunetly, Our relationship is not good anymore.
I am thinking about a divorce. The problem is following:
- I am not well intergrated here, I wish I can come back to my country.
I guess my husband will mot agree I do it with Our child.
What is the chance that I could bring my almost 15 y old Son with me ?
I want he finishes private school in my country.
I guess his father will disagree.
I cannot stay in CH, no job, no Real friends, no family support.
Is this possible that my son will be obligated to remain here ?

Many thanks for your advice
At 15 years old, I would expect your son has started to build his own life here - friends, clubs, school, dreams for the future etc... Do you think he is going to be happy to do what you did, give up his life here, his Dad, his friends etc... and move somewhere else?

He will get to decide for himself what he wants to do and you should plan to leave alone in case he decides to stay.
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Old 23.05.2020, 21:51
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Re: Child custody divorce

Yes, talk to your son.
On a formal, legal level, I do not think you would be able to remove your son from the country without the consent of his father. And rightly so.
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Old 23.05.2020, 22:31
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Re: Child custody divorce

https://www.ch.ch/en/divorce-parental-authority/
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Old 23.05.2020, 23:33
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Re: Child custody divorce

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What's bit Swiss?
Probably a double typo, b-n and i-o are neighbors. "not Swiss" would make sense.

At (almost) age 15 a child should have a significant say in this. If he's eyeing an apprenticeship I hope he'll basically get to decide for himself.
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Old 24.05.2020, 17:01
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Re: Child custody divorce

Perhaps, before trying to remove the lad from Switzerland, the parents would do well to help him to get his Swiss citizenship, if he may be eligible, even if they are not.
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Old 28.05.2020, 15:47
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Alimony for kid

Dear all,
What happens in case my partner has no job and no RAV and he has no money to pay pension for a kid ?
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Old 28.05.2020, 16:01
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Re: Alimony for kid

Then you contact the relevant Swiss authority to help you get what's owed.

https://www.ch.ch/en/divorce-and-mai...contributions/

But if they have nothing I can't see them magicking maintenance contributions out of thin air.
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Old 04.06.2020, 18:06
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Alimony pension

Dear all,
I am thinking about a divorce and leaving this country.
I was married for 15 years with my HUsband.
Will I have a right to any alimony pension from his side ?
He earns good money.
I will have no job in my country for the moment and we have almost 15 y old kid.
Many thanks for all your tips.
  #11  
Old 04.06.2020, 18:19
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Re: Alimony for kid

Since you are also the child's parent, you also have a responsibility to support your child.
Whether or not you are entitled to support, for yourself, from him, depends on the duration of your marriage, in some cases on the age difference.
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Old 04.06.2020, 18:24
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Re: Alimony pension

In this thread, you say that your husband earns good money. In one of your other threads, you ask about what would happen were he drawing unemployment money. I presume you mean, here: if he were ever to lose his current well-paying job.

The questions in your three threads seem interconnected, such that I surmise you might receive more rounded advice, that would actually help you more, if you asked a mod to merge the three threads for you.
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Old 04.06.2020, 18:29
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Re: Alimony pension

www.ch.ch sets out something about many aspects of life in Switzerland.
See, for example:

https://www.ch.ch/en/divorce-and-mai...contributions/
and also
https://www.ch.ch/en/matrimonial-regime/
https://www.ch.ch/en/right-to-reside...th-or-divorce/
https://www.ch.ch/en/divorce-parental-authority/

Any texts made available by the Swiss government, in English, are always only a courtesy service. The binding texts are those in the Swiss official languages, and on some parts of www.ch.ch, those original languages set things out in more detail.
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Old 04.06.2020, 23:07
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Re: Child custody divorce

Apart from family, who do you know in your home-country?

While you were away, you changed and your home country changed, too.

Does your son even speak the language of your home-country?

Or - be honest - do you just want to take him along so that you are at least not completely alone there?
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Old 05.06.2020, 10:39
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Re: Child custody divorce

At 15 it's up to your son which parent he lives with. You can't move without your ex giving you permission.

You may or may not get anything from your ex in the divorce. Divorces can last years and you still end up with nothing. Just think if you want to go through years of fighting for nothing.
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Old 05.06.2020, 10:52
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Re: Child custody divorce

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Or - be honest - do you just want to take him along so that you are at least not completely alone there?
Tbh, I do not know many parents as selfish as that. Usually if they want/need to move, it is because they have more family or professional support there. But on the other hand, I do not know many kids who would want to move to a country where they were not born nor grew up.

Last edited by MusicChick; 05.06.2020 at 12:38.
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Old 05.06.2020, 12:23
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Re: Child custody divorce

Doropfiz's links state that after divorce, both spouces are expected to support themselves, with no alemony payments flowing. I think this is the case after the youngest child is 16, however that law may have changed in 2014 as more parents take the parenting role 50:50 rather than the kids residing primarily with one parent. Summary: you will not be getting money from him for yourself.

BOTH parents are however legally expected to provide for the child until the end of the first "work worthy" qualification. Usually end of the apprentiship, or university- though i am not sure what the case is for a 27yr old phd student.

I am sorry, if I were you, I"d stick it out until you can provide for yourself. Check appartement costs in your own area. Your child doesn't want to lose either of you.
At 15 your child also has a choice in whom they stay with. So maybe get an appartement close to his job next year? You sure you dont have friends that may put you up for a short holiday?
This Corona shit is really messing with peoples minds...

Another idea- how does your husband feel about moving back if you are both from the same country?
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Old 05.06.2020, 13:39
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Re: Child custody divorce

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You can't move without your ex giving you permission.
I'd like to clarify this, just in case it is not clear to OP.

I think, BLP, that you were referring to her not taking her son with her, without first having obtained permission from the son's father. Yes, in that, I agree with you completely.

I think, BLP, that you do know the difference, and am writing this just in case OP does not.

OP is, herself, entirely free to move wherever she wishes (to any country where she is allowed to live, or even to try living illegally) without needing permission from her spouse or ex-spouse. She can and must make her own choices, she is an adult and her own agent, and can take decisions for herself, and act upon them, and must bear the responsiblity for herself.
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Old 08.06.2020, 16:11
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Re: Any good family lawyer for defending fathers in child custody matter?

And if my child would live primarly with his father, do I have to pay him pension as I am jobless niw. My partners earns very well and kid is 15 y old...
 

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