You have a question about parental rights

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.

Frequently Asked Questions

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.