20 minutes, November 19, 2007, Tina Fassbind

A four-year-old girl wandered through Zurich in the middle of the night. Her mother was out partying. When does a neglectful mother lose custody in Switzerland? 20minuten.ch investigated.

 It takes a lot to revoke parental rights. (Image: Keystone/Steffen Schmidt)

Little Karolina kept the Zurich city police busy well into Sunday morning. The four-year-old's mother reported her missing after returning home at 5:30 a.m. and finding her daughter not there. Shortly before 9:00 a.m., Karolina was found safe and sound at the home of family friends. The question inevitably arises as to how such a thing could have happened and whether the child was truly alone at home. The police are currently investigating whether the mother neglected her duty of care. What consequences would this have for both mother and child?

Judith Wyder, a research assistant in the Private Law Directorate at the Federal Department of Justice and Police, knows the criteria used in Switzerland for the withdrawal of parental custody.

Ms. Wyder, how much does it take for a child to be taken away from their parents in Switzerland?
It takes a great deal. Something very serious has to happen before parental custody is revoked. Initially, less intrusive child protection measures are taken, provided these are not clearly inadequate from the outset. Child protection measures should be tailored to the specific risk situation and, whenever possible, only minimally infringe on parental rights.

What do these child protection measures look like?
If deficiencies in the care and supervision of the children are identified, a support worker can be assigned to the family. This person helps the parents manage daily life with the children. Sometimes it is enough to simply give the parents instructions that they can then implement themselves. In more serious cases, custody may be removed and the child placed in foster care.

And when does a child have to be placed in foster care?
Foster care occurs when the child's well-being cannot be otherwise endangered, or when the relationship between parents and child is so severely disrupted that the child's continued residence in the family home has become untenable. This might be the case, for example, if the children are completely neglected or malnourished. In such cases, these children are placed in a foster family or, if necessary, in a therapeutic residential care facility.

Can the parents still see their children?
Depending on the circumstances, visitation rights may be granted and/or the children may spend the holidays with their parents. There are also many different types of out-of-home placement. For example, some children live away from home only during the day and return in the evening. Others simply spend the weekends with their parents.

What should you do if you suspect your child is being neglected by their parents?
In principle, anyone can report such cases to the guardianship authority. Information usually reaches the authority through teachers or doctors. Once a report is received, the guardianship authority is obligated to investigate the situation. The implementation of these laws is regulated at the cantonal level.

VeV comment:

This case exemplifies what our members report time and time again. Even though our society still believes that children are best cared for by their mother, the sad reality is that this is not always the case.
We would love to hear the story from the father's perspective. We have countless members who tell us similar stories. Nevertheless, current court practice still grants mothers custody and guardianship rights practically without question. However, guardianship means to look after, not to abandon.
As has been mentioned in several comments on this article, a father under such circumstances would have immediately forfeited custody, and even visitation rights.
Therefore, it is urgently necessary that joint parental responsibility becomes the norm in Switzerland. This way, at least two people are responsible for the child, and not just one.