In its meeting of January 13, the Legal Affairs Committee of the National Council unanimously decided to consider the Federal Council's proposal on joint parental custody.
The Legal Affairs Committee of the National Council clearly supports the Federal Council's proposal, which aims to enshrine the principle of joint parental custody by mother and father, regardless of their marital status, in the Civil Code.
Without any dissenting votes, the commission recommends proceeding with the Federal Council's corresponding draft amendment to the Civil Code ( 11.070 ). The Federal Council proposes making joint parental custody the norm, regardless of the parents' marital status. Parental custody may only be withheld from one parent if this is necessary to protect the child's best interests. Under the same conditions, parental custody can already be revoked from married parents. In divorce cases, the court decides whether there is grounds for revoking parental custody, and in the case of a child born out of wedlock, the child protection authority decides. At the same time, the draft grants the parent who cares for the child the right to make decisions alone on everyday and urgent matters. As a further accompanying measure, the draft regulates changes of residence for the child and their parents.
The Commission will hold hearings and conduct detailed deliberations at its next meetings.