Schools, medical professionals, and childcare facilities: What parents are entitled to know and how they can obtain information.
Parents remain parents – even after a separation or divorce. Both parents should, in principle, be informed about their child's development and well-being. Nevertheless, mothers and fathers experience having information withheld from them. Swiss law provides them with important rights.
Right to information – even without parental custody
In practice, parents were often told in the past: "But you don't have custody." The Civil Code contains an explicit provision addressing this: Article 275a grants parents without custody an independent right to information and access to information. The law thus protects their ability to participate in the life and development of their child.
Parents with joint custody are also entitled to obtain the information necessary for fulfilling their responsibilities. While the legal bases are not identical in every respect, access to information must not simply depend on which parent the child primarily lives with.
What does Article 275a of the Swiss Civil Code regulate?
Paragraph 1 obligates the parent with custody to inform the parent without custody about significant events in the child's life and to consult with them before important decisions affecting the child's development are made. This does not, however, grant them a right to co-decision-making.
Paragraph 2 gives parents without parental custody the right to obtain information about the child's condition and development from third parties involved in the child's care, in the same way as the holder of parental custody.
Paragraph 3 refers to the limits of these rights as being defined by the restrictions on personal contact. The child's welfare and protection against abuse of rights are of particular importance.
Which experts are required to provide information?
The law explicitly mentions teachers and doctors. This list is not exhaustive. Depending on the task, other directly involved professionals may also be considered, such as those from daycare centers, school support services, or therapy.
Information pursuant to Article 275a paragraph 2 of the Swiss Civil Code (ZGB) generally does not require the consent of the other parent. A professional may therefore not refuse to provide it solely on the grounds of lacking parental custody. However, this obligation only extends to providing information within their respective area of responsibility regarding the child's condition and development; not every professional contact person is automatically obligated to provide information.
Special rules apply, particularly to confidential medical and therapeutic information. Personal rights and professional confidentiality – especially in the case of children capable of making their own decisions – must be respected. Existing official or judicial restrictions must also be taken into account.
The responsibility lies with the sponsor – but not having to start from scratch every time
The right to information is generally a matter of personal responsibility: parents must actively initiate the exchange of information. However, this does not necessarily mean that every report card and every important notification must be requested individually.
Particularly for the school sector, cantonal guidelines explain that a one-time expression of interest may suffice to receive regular updates. A written request is advisable, asking for contact information to be provided and for future communication to be organized. However, this does not entitle the school to the automatic delivery of all documents or to newly created reports. In other sectors, such as medicine, the specific procedures may differ.
What information is meant?
In the school context, for example, this includes report cards, learning progress, support measures, and important developmental milestones; in the health context, information about the state of health and treatment, provided the legal requirements are met. Private information about the other parent is generally not included. Furthermore, the right to information does not automatically imply a right to participate in every conversation or event.
What to do in case of refusal?
- Contact the responsible specialist in writing and ask for information about the child's condition and development.
- In the absence of parental custody, explicitly refer to Art. 275a para. 2 of the Swiss Civil Code; in the case of joint custody, explain your own right to custody.
- Specifically state what information is needed and request a practical, regular delivery schedule.
- If the request is rejected, please provide a written explanation and the legal basis cited.
- If necessary, consult the relevant school or supervisory authority or a legal advice center.
The position of VeV Switzerland
A separation ends the partnership, not parenthood. Parents can only fulfill their responsibilities if they are informed about their child's development and well-being. VeV Switzerland advocates for schools, childcare facilities, and other professionals to be aware of these rights and to facilitate an objective exchange of information in the best interests of the child.
Legal basis and information
Art. 275a Swiss Civil Code: https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_275_a
Canton of Zurich, Rights and Obligations of Parents: https://www.zh.ch/de/bildung/schulen/volksschule/rechte-und-pflichten-der-eltern.html
Note: This is general information, not an assessment of any individual case. In particular, the child's welfare, the child's capacity to make judgments, and official orders may impose limitations.