A very helpful introduction to Swiss Child Custody Law is provided by the Association of Counselling Agencies for Binational and Intercultural Couples and Families, Switzerland, as follows:
- The parents decide together (as previously in a marital relationship), e.g. about names, general childrearing, education, medical matters, religion, other matters that set the course for or significantly influence the child’s life, the child’s income and property, etc.
- New: The parent who is caring for the child may make decisions alone if: 1. the matter is a routine or urgent one, e.g..: food, clothing, recreational activities, contact with friends, etc or 2. the other parent cannot be reached with a reasonable amount of effort.
- New: The concepts of caregiving and custodial care are not spelled out in the law. The concept of actual custodial care: The parent with whom the child lives most of the time. The concept of caregiving goes further: A parent who does not provide official custodial care is giving care when the child is with him or her within the scope of the law governing visits.
- New: Parental care includes the right to determine the child’s domicile. In the case of joint parental care, either the other parent’s approval or a decision by the court or the KESB is necessary in order to change the child’s domicile if: 1. the new domicile is in another country or 2. the change of domicile has significant effects on the other parent’s ability to provide parental care and maintain personal contact. Requirement for consent only in the case of significant effects, i.e., if the move results in significant restriction of visiting rights. Legal consequences in the case of violation and of a move to another country: Repatriation proceedings due to international child abduction.