VeV – sample applications for joint custody online.
Dear parents without and with custody,
After the referendum period on adjusted custody legislation in Switzerland had expired, a group of parents and grandparents was formed in the VeV Bern to create templates with which applications can be drawn up in an uncomplicated manner from July 1, 2014.
The aim was for interested parents to be able to create and submit an application themselves with little effort. (templates below)
The working group worked primarily on finding an approach and choice of words that takes into account the core of the work, the attitude of the VeV, as ideally as possible. This results in the following recommendations from the working group:
- an approach based on mutual respect as parents, even if complete normalization has not yet taken place at the “former couple level”.
- Before submitting an individual application, you should definitely try to talk to the other parent, if necessary in writing and in a respectful tone - if a joint application comes about, all the better
- A joint application goes through faster and without complications to the responsible KESB (unmarried and divorced parents)
- An individual application (directed to the responsible KESB for unmarried parents, addressed to the responsible regional court for divorced parents) should be just as respectful in tone
- Even if the “retroeffectiveness clause” does not apply to divorced parents (divorce date before July 1, 2009), custody can still be applied for, with an ordinary court procedure in the case of an individual application, with a joint application by both divorced parents to the responsible KESB – no one is excluded, thanks to the change in the law there is a simplified procedure and the previous procedure
- A cautionary consideration: a unilateral application from a divorced parent is also formally a “modification of the divorce decree”, thus proceeding in the same way as in divorce proceedings; In particular, the KESB is no longer responsible during the application process for “(re-)acquiring custody rights” (court proceedings take precedence), which may not be insignificant in some cases; So it could definitely make sense to plan such applications intelligently in terms of time, for example: whether rightly or wrongly, enforcement measures could also come to a standstill (e.g. if contact is interrupted)... careful planning is called for!
These recommendations are taken into account in the VeV templates. Some parents will have no problem using these templates, others will have questions, perhaps because their situation seems more complicated. Most questions about (re)gaining custody will be discussed more intensively in the coming months at consultation meetings in all VeV regions.
You are cordially invited to take part in such a meeting. In addition, VeV advisors are available to provide support in preparing applications, as required. All information about locations and contact addresses can be found here :
Advice is provided free of charge at the advice meetings.
To positive developments in family law, to a nice summer,
on behalf of the working group “Sample applications for custody of the VeV Bern”,
2014 Emmanuel Heierle, Co-Vice President VeV Switzerland
templates
1. Joint application from divorced parents to a KESB
2. Combined application from unmarried parents to a KESB
3. Individual application from divorced parents to a court
4. Information sheet on parental custody for divorced/unmarried people