At its meeting on January 13th, the Legal Commission of the National Council unanimously decided to respond to the Federal Council's proposal on shared parental custody.
The National Council's Legal Affairs Commission is clearly in favor of supporting the Federal Council's proposal, which aims to enshrine the principle of joint parental custody of mother and father in the Civil Code, regardless of their marital status.
Without any dissenting votes, the Commission requests that the Federal Council's corresponding draft amendment to the Civil Code ( 11.070 ) be adopted. The Federal Council proposes to make joint parental custody the norm, regardless of the marital status of the parents. Parental custody should only be withheld from one parent if this is necessary to protect the interests of the child. Under the same conditions, married parents can already have parental custody withdrawn today. In the event of a divorce, the court decides whether there is reason to withdraw parental custody and, in the case of a child born out of wedlock, the child protection authority decides. At the same time, the draft grants the parent caring for the child the right to decide on everyday and urgent matters alone. As a further accompanying measure, the draft regulates the change of residence of the child and his parents.
The Commission will hold hearings and conduct detailed discussions at its next meetings.