Denmark is also introducing shared parenting as a principle

Under the new law, both parents retain joint custody of their children – even in the event of a divorce. The parents are obligated to reach an agreement regarding the handling of parental responsibilities after the divorce – specifically, when the children will be with whom and who will pay how much child support.

Joint custody can be terminated by a court. The court can determine that equal custody is clearly not in the child's best interests, or one parent can submit a corresponding application. If both parents submit such an application, the court must grant it.

According to the new law, there must be concrete reasons (such as abuse) for refusing joint parenting. The law stipulates that parents share a number of responsibilities (such as taking the children to school); however, it also requires parents to exchange information about the child's needs (such as school-related matters). Children also have a greater say under the new legislation, as they will be interviewed by child protection authorities regarding custody issues.

Experts now fear that the introduction of joint parenting as a principle will lead to a wave of renegotiations of custody issues. Anja Cordes, chair of the Danish Association of Family Lawyers and a member of the legislative commission, is not optimistic: She fears that quarreling parents will not be able to separate their role as parents from their conflict-ridden relationship. "It will take time before parents learn to separate parenting from partnership and stop trying to take revenge on each other through their child."

takes a less pessimistic view Anette Hummelshøj, Director of the Department for Family Affairs, 'We assume that with the establishment of a clear legal practice by the courts, more parents wishing to divorce will be able to reach an agreement with or without court proceedings'.

The recent example of Denmark, as well as broader European developments, prove that the draft law on shared parental responsibility presented in June by the Swiss associations for shared parenting (in which mannschafft plays a leading role) is by no means 'radical,' as it has been accused of being by various quarters. It is no longer simply the codification of a self-evident fact – that a child has two parents and, as a rule, wants to keep them even after their separation. It is therefore desirable that Swiss lawmakers keep a close eye on European developments when drafting national regulations.