(c) NZZ, March 6, 2011. Katharina Bracher.
Cross-party coalition puts pressure on the introduction of joint custody.
Federal Councillor Simonetta Sommaruga is once again facing trouble from men's groups. After announcing the withdrawal of the joint custody bill in mid-January, men's associations protested with a vigil on Parliament Square and sent 4.5 tons of paving stones to the Justice Minister by mail. Now they are receiving backing from the Federal Parliament. CVP National Councillor Reto Wehrli has launched a parliamentary initiative demanding that "joint parental custody as the norm" be enshrined in law. "Simonetta Sommaruga has a well-developed bill that she simply needs to pull out of the drawer," says Wehrli. He argues that Sommaruga's decision to halt the legislative revision demonstrates a lack of tact. The delay is unacceptable, he says, because a large majority of Parliament had previously agreed to his demand that both parents should assume responsibility for their children after a separation.
It was Wehrli's motion that set the ball rolling almost six years ago. In 2005, the National Council voted 144 to 36 in favor of his proposal, thus approving joint parental custody. "Today, there is societal acceptance for joint custody," Wehrli concludes. The National Councillor from Schwyz believes he still has the majority of parliament on his side. According to Wehrli, the parliamentary initiative is supported by members of parliament from all political parties. Green Party National Councillor Alec von Graffenried has pledged additional support. "After the session, I will propose an initiative with the same demand in the Legal Affairs Committee," says von Graffenried. He is confident that he can also win over many women to the cause.
These two parliamentary initiatives further increase the pressure on the Justice Minister. The consultation process for the proposal took place primarily during the term of Sommaruga's predecessor, Eveline Widmer-Schlumpf. The new head of the department withdrew the proposal in January, explaining that she needed to clarify issues of child support in addition to parental custody. Sommaruga stated that the situation of the parent who primarily cares for the child, despite shared custody, needs improvement. Under current law, the primary caregiver must cover the shortfall if their income is insufficient to support two households. Currently, women are the primary burdened with this financial gap.
Fathers' rights organizations are also opposed to this linking of joint custody with child support issues and are increasing the pressure on the Minister of Justice. "We hold monthly vigils until a sustainable solution is in sight," says Markus Theunert of the umbrella organization for men's rights, männer.ch. The next fathers' vigil on Bundesplatz will take place on Monday, March 14.
