Custody, alimonies / child support, relocation, etc.
Understand your parental rights and responsabilities
Our law firm specializes in family law. Our members have handled thousands of cases—both amicable and contentious—and managed countless situations that can arise during these procedures.
For residents of Switzerland, Swiss law generally governs parent-child relationships, though some exceptions exist. We'll help clarify your situation by examining each aspect to understand where the law is strict and where you have flexibility.
Specifically, Swiss law provides strong protections regarding maintenance while giving parents significant autonomy in other areas. Since these matters are complex, a brief overview cannot cover everything—we recommend an initial consultation to help clarify your specific situation.
Can I relocate with my child?
The answer depends on your specific situation. With joint parental authority, you generally need the other parent's agreement to relocate. If they refuse, a judge can authorize the relocation—particularly considering whether you are the primary caregiver.
Without joint parental authority, the custodial parent typically has freedom to relocate. However, careful case-by-case evaluation is essential.
The risks are significant because Switzerland, as a party to the Hague Convention, can readily engage international cooperation to return a child. This makes obtaining relocation authorization much more challenging in international cases.
Can I have my child returned?
When examining child returns, Switzerland first reviews the laws of the departure country to determine if the relocation was legal. It then applies relevant international agreements like the Hague and European conventions.
These agreements aim to restore the previous situation, though Switzerland broadly applies several exceptions.
The process falls under a specific law—the LF-EEA—which designates the highest cantonal court as the first instance court, with appeals going directly to the Federal Supreme Court. Our firm regularly handles these cases, representing both parents and children at all stages of proceedings.
How are alimonies / maintenance determined ?
The Swiss maintenance system has two main categories based on income levels: one for when income exceeds the standard of living (where maintenance is based on that standard), and another for when income falls below it.
In the latter case, a detailed calculation system prioritizes expenses in this order: first the paying parent's basic needs, then the children's needs, followed by the custodial parent's needs. Any remaining money is split between parties using a distribution formula.
This system offers considerable flexibility, starting with how income is calculated—judges can even assign a theoretical income different from actual earnings.
Selected professionals
Having served as clerk of a child and adult protection authority for several years, Damien Hottelier has extensive practical knowledge of child and adult protection matters as well as potential room for maneuver.
Carole Vymazal has served as the president of a Child and Adult Protection Court and holds numerous academic credentials in this field. She possesses in-depth knowledge of these issues, enhancing her expertise and ability to effectively advocate in this field.
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