VeV – Sample applications for joint custody online.
Dear parents with and without custody,
Following the expiration of the referendum period for the amended custody legislation in Switzerland, a group of parents and grandparents formed within the Bern Parents' Association (VeV Bern) to create templates that would allow applications to be submitted easily from July 1, 2014. The aim was to enable interested parents to create and submit an application themselves with minimal effort.
(Templates below)
The working group primarily focused on finding a methodology and terminology that best reflects the core of the work and the VeV's stance. The working group therefore made the following recommendations:
- A course of action based on mutual respect as parents, even if a complete normalization has not yet taken place on the "former couple level"
- Before submitting an individual application, an attempt should definitely be made to speak with the other parent, if necessary in writing and in a respectful tone – if this results in a joint application, all the better
- A joint application is processed more quickly and without complications by the responsible child and adult protection authority (KESB) (unmarried and divorced parents)
- An individual application (addressed to the responsible KESB in the case of unmarried parents, to the responsible regional court in the case of divorced parents) should be written in an equally respectful tone
- Even if the "retroactive clause" should not apply to divorced parents (divorce date before July 1, 2009), custody can still be applied for, either through a regular court proceeding for an individual application or through a joint application by both divorced parents to the responsible Child and Adult Protection Authority (KESB) – no one is excluded; thanks to the change in the law, there is a simplified procedure, and the previous procedure remains unchanged
- A word of caution: a unilateral application from a divorced parent is formally also a "modification of the divorce decree," meaning the process is the same as for divorce proceedings. In particular, during the application process, the Child and Adult Protection Authority (KESB) is no longer responsible for "(re-)gaining custody" (court proceedings take precedence), which could be significant in some cases. Therefore, it might be wise to plan such applications carefully. For example, enforcement measures could be delayed—whether rightly or wrongly—(e.g., due to a break in contact). Careful planning is essential!
These recommendations are incorporated into the VeV templates. Some parents will be able to use these templates without difficulty, while others will have questions, possibly because their situation seems more complex. Most questions regarding (re)gaining custody will be addressed more extensively in the coming months at counseling meetings in all VeV regions.
You are cordially invited to participate in such a meeting. Additionally, the VeV's advisors are available to provide support with the application process, as needed. All information regarding locations and contact details can be found here:
The consultations at the advisory meetings are free of charge.
Wishing you positive developments in family law, and a wonderful summer,
on behalf of the working group “Model Applications for Custody of the VeV Bern”,
2014 Emmanuel Heierle, Co-Vice President VeV Switzerland
Templates
1. Joint application by divorced parents to a Child and Adult Protection Authority (KESB)
2. Combined application by unmarried parents to a KESB
3. Individual application by divorced parents to a court
4. Information sheet on parental custody for divorced/unmarried parents