Children need faster procedures and binding solutions
As part of a roundtable discussion hosted by the Federal Office of Justice, GeCoBi contributed its practical advisory experience from the Swiss Association of Family Law Counselors (VeV Schweiz) to the debate on the further development of family law. The focus was on simpler and faster procedures, a stronger position for children, and how courts can better support parents in conflict resolution.
Family court proceedings must shape the future
GeCoBi and VeV Switzerland expressly welcome the planned comprehensive revision of family law. It is particularly gratifying that the Federal Council's report emphasizes parental responsibility as a central element.
Because joint parental custody means not only rights, but above all responsibility – even after a separation.
In his contribution to the roundtable, Oliver Hunziker, President of GeCoBi and VeV Switzerland, emphasized that family law proceedings must be viewed fundamentally differently than ordinary legal disputes.
While many court proceedings focus on legally assessing past events, family law proceedings must primarily achieve one thing: creating viable solutions for the future of the children.
Lengthy disputes, extensive legal documents, and repeated extensions of deadlines can further exacerbate existing conflicts. This hinders precisely the cooperation that children need after their parents separate.
Time is a crucial factor
One of the most important demands therefore concerns the acceleration of the procedures.
A swift initial hearing, fewer formal hurdles, and a consistent advancement of the process can help prevent conflicts from escalating over months or years.
It's not just about the direct costs of legal proceedings. Lengthy and stressful separations can also cause significant follow-up costs – for example, through health problems, the need for therapeutic support, or lost work time.
Faster and solution-oriented procedures can therefore benefit both the families affected and society.
Children must be given a stronger voice in the proceedings
Another focus is the position of children in family law proceedings.
Whether it's child support, custody, or parental rights: these decisions directly affect the lives and futures of children. Nevertheless, the proceedings often focus primarily on the positions and motions of the parents.
GeCoBi therefore demands a clearer and stronger procedural position for children.
It is also necessary to critically examine whether one parent can adequately represent the child's interests in proceedings against the other parent.
The best interests of the child must not remain merely an abstract legal principle. The interests and needs of children must actually be taken into account in the proceedings.
Interdisciplinary collaboration instead of jurisdictional confusion
Practical experience shows that the existing legal options are often better than their actual application.
A major problem lies in the differing responsibilities and procedures. Depending on their place of residence, marital status, or the responsible authority, families can be confronted with very different processes.
GeCoBi therefore advocates for more uniform responsibilities and stronger interdisciplinary collaboration.
Family courts, such as those in the canton of Aargau, demonstrate the potential advantages of an integrated approach. Parents should ideally not be sent back and forth between different courts and child and adult protection authorities.
Equally important are the training and further education of the professionals involved, as well as better exchange between legal, psychological and social disciplines.
From voluntary offers to binding conflict resolution
The demand for greater commitment was particularly strong.
The reform proposals offer various ways to support parents in de-escalating and resolving conflicts. However, GeCoBi believes these approaches do not go far enough.
If courts are only given the option to order appropriate measures, there is a risk that their application will continue to depend heavily on individual persons and authorities.
GeCoBi therefore demands that suitable conflict resolution tools not only be available, but also be consistently used when the appropriate conditions are met.
This also includes ensuring that court decisions are actually implemented. Regulations that can be ignored without consequence create neither legal certainty nor stable conditions for the children affected.
Parents need guidance – children need solutions
Separation and divorce often put parents in an emotionally exceptional situation. It is precisely at this time that they need guidance, clear procedures, and support in finding viable agreements.
The role of the justice system should therefore not be limited to deciding between opposing positions. It should also support parents in being able to resume their shared responsibility.
The central message of the presentation at the roundtable was that family law proceedings must become faster, more cooperative, and more binding. The focus must be on the future of the children, not on the parents' dispute.
This article is based on the presentation given by Oliver Hunziker, President of GeCoBi and VeV Switzerland, at a roundtable discussion on the further development of family law on May 20, 2026. It reflects the positions of the two organizations on the reform report at that time.