20 minutes November 19, 2007 Tina Fassbind

A four-year-old girl walks through Zurich in the middle of the night. Meanwhile, her mother was at the exit. When does a mother lose custody in Switzerland? 20minuten.ch asked.

 It takes a lot for custody to be taken away. (Image: Keystone/Steffen Schmidt)

Little Karolina keeps the Zurich city police on their toes until Sunday morning. The mother declared the four-year-old missing after she came home at 5:30 a.m. and did not find her daughter there. Shortly before 9 a.m. Karolina was found safe and sound with family friends. The question inevitably arises as to how something like this could have happened and whether the child was actually all alone at home. The police are currently investigating whether the mother violated her duty of care. What consequences would that have for mother and child?

Judith Wyder, research associate in the Private Law Directorate at the Federal Department of Justice and Police, knows the criteria according to which custody rights are withdrawn in Switzerland.

Ms. Wyder, how much does it take for a child to be taken away from parents in Switzerland?
It takes a lot to do this. Something very serious has to happen for parental custody to be withdrawn. Initially, less drastic child protection measures are taken, provided these do not appear to be inadequate from the outset. Child protection measures should be tailored to the specific risk situation and, wherever possible, only minimally interfere with parental rights.

What do these child protection measures look like?
If a deficiency is identified in the care and support of the children, the family can, for example, be assigned a support person. This person helps the parents cope with everyday life with the children. Sometimes it is enough to give the parents instructions that they can then implement themselves. In more severe cases, custody is withdrawn and the child is placed in an out-of-home setting.

And when does a child have to be placed in an out-of-home placement?
Out-of-home placement occurs when the risk to the child cannot be addressed in any other way or the relationship between parents and child is so severely disturbed that it has become unreasonable for the child to remain in the same household. For example, if the children are completely neglected or malnourished. These children are then placed in a foster family or, if necessary, in a special education facility.

Can 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 very different options for external placement. For example, there are children who only live outside their parents' home during the day and return in the evening. Others simply spend weekends with their parents.

What should you do if you get the impression that a child is being neglected by their parents?
In principle, any person can report such cases to the guardianship authority. Most of the time the information comes to the authorities via teachers or doctors. As soon as a report is received, the guardianship authority is obliged to check the situation. The implementation of the laws is regulated cantonally.

VeV comment:

This case is an example of what our members report over and over again.
Although our society still believes that children are best cared for with their mother, the sad reality is that this is not always the case. We would like to hear the story from the father's perspective. We have countless members who tell us similar stories again and again. However, common court practice is still such that mothers are granted custody and custody rights practically without consideration. However, care comes from guarding, not leaving alone.
As has been written on several occasions in the comments to this article, a father under such circumstances would have immediately forfeited custody and even visitation rights.
It is therefore urgently necessary for shared parental responsibility to become the rule in Switzerland. Because then two people are responsible for the child, and not just one.