Parental authority and child custody after separation
Joint parental authority, the rule since 2014
Since the revision of parental authority law that entered into force in 2014, joint parental authority is the principle: the father and mother exercise parental authority together, whether married, separated, or never married (art. 296 para. 2 CC). Sole allocation to one parent remains possible, but only where the child's best interests require it.
Parental authority covers important decisions about the child: place of residence, education, significant medical questions, religion. It should not be confused with custody, which concerns the day-to-day organisation of the child's life.
Sole or alternating custody
Custody can be granted to one parent alone, with a right of visitation for the other, or organised as alternating custody between the two households. The court or the child protection authority decides based on the child's best interests, taking into account stability, each parent's availability, their ability to cooperate, and, depending on age, the child's own views.
The right to personal relations
The parent without custody has a right to appropriate personal relations with the child (art. 273 CC), a right that also belongs to the child, not only to the parent. This right may be restricted or suspended by the authority if exercising personal relations would jeopardise the child's development.
Moving with the child
Under joint parental authority, a parent who wishes to move with the child must obtain the other parent's consent, or a court or child protection authority decision, if the move significantly affects the exercise of parental authority or personal relations (art. 301a CC).
Frequently asked questions
Does joint parental authority mean equally shared custody?
No. Joint parental authority concerns the right to co-decide important matters; it does not automatically mean alternating custody. Custody can remain sole to one parent even where parental authority is joint.
Can I move with my child without the other parent's consent?
If the move significantly affects the exercise of joint parental authority or personal relations, art. 301a CC requires the other parent's consent, or otherwise a court or child protection authority decision.
What happens if the parents cannot agree on an important matter?
Failing agreement, either parent may approach the child protection authority, which can take the necessary measures in the child's interest, including limiting joint parental authority if persistent disagreement harms the child.
Can the child give their opinion on custody?
Yes, a child capable of judgment is heard personally, usually by the court or a person it appoints, and their opinion is taken into account according to their age and maturity.