Bern, June 6, 2025 — When children are involved in a separation or divorce, the responsible authorities must address their needs. In its report of June 6, 2025, the Federal Council concludes that the responsibilities for regulating child-related matters should be standardized and the procedures simplified. The report is based on research findings and a survey of practitioners. Precisely because family life has changed so significantly, the Federal Council considers an adjustment to family procedural law necessary. The corresponding consultation process is expected to open at the end of 2026.
Forms of cohabitation and family constellations have changed significantly in recent decades. The number of children whose parents are not married has increased. Furthermore, many children do not live with both parents in their daily lives. To reflect this social reality, substantive family law has been adapted in recent years.
The Federal Council and Parliament (Postulates 19.3478 Schwander, 19.3503 Müller-Altermatt, 22.3380 RK-N, 22.4540 Gysin and 23.3047 Feri) have repeatedly stated that adjustments to family procedural law are needed and that modernization must be examined, particularly when children are involved. This conclusion is also reached by academics and practitioners. Furthermore, the findings of a survey in the cantons, the results of discussions at a public event on the topic, and an external expert report commissioned by the administration all support this view.
Faster conflict de-escalation through quick and simple procedures
Based on the findings, the Federal Council states in its report of June 6, 2025, that it intends to improve family procedural law and will promptly implement the necessary amendments to the Code of Civil Procedure (ZPO) and the Civil Code (ZGB). It aims to simplify the court proceedings for resolving the consequences of separation or divorce. Specifically, the unique aspects of family law disputes involving children are to be better addressed in the future. As a first step, judges should work with the family members involved to reach an agreement as quickly as possible. If this proves unsuccessful, a generally oral procedure should lead to a swift resolution of the family situation and thus alleviate the burden on the parties.
Amicable conflict resolution strengthens the relationship between parents and children
Separation or divorce is often stressful for all family members. Children, however, should not suffer from their parents' ongoing conflicts, but rather be able to have a stable relationship with both parents. The Federal Council therefore intends to legally regulate and thus strengthen the inclusion of different methods for resolving conflicts in family court proceedings. When family members find solutions together, these are usually more sustainable, and relationships are less strained after a separation or divorce. Furthermore, the Federal Council considers interdisciplinary collaboration through the involvement of experts from various fields, such as psychologists or social workers, to be particularly important.
As part of the revision of family procedural law, the jurisdictions for assessing matters concerning children are to be standardized: Under current law, either the Child and Adult Protection Authority (KESB) or the civil court decides on issues affecting the child (allocation of parental custody, regulation of care and visitation rights or shared custody, child support). Jurisdiction depends on the subject matter of the dispute and the marital status of the parents. If child support payments are in dispute, the court has jurisdiction. In all other matters, the court decides in cases involving married parents, while the KESB generally decides in cases involving unmarried parents. From today's perspective, these differing jurisdictions are no longer justifiable. In the Federal Council's view, this task should be assigned to the courts. However, it will examine this issue in greater detail during the course of further work.
The key points outlined in the report form the basis for further work towards a consultation draft, which the Federal Council is expected to adopt by the end of 2026. To ensure that the concerns of the cantons and current practices are adequately addressed during this process, they will be involved in the preparatory work.