In the Swiss legal landscape, visitation rights occupy a crucial position, acting as a bridge that facilitates and cultivates lasting relationships between children and non-custodial parents after separation or divorce.
It symbolizes not only a legal obligation, but also a moral commitment to promoting harmony and well-being within restructured family units.
So it’s worth taking a moment to explore in depth the various facets of this all-important right.
Definition of visiting rights
In the sphere of Swiss family law, visitation rights are structured to foster and maintain close ties between children and parents who do not have primary custody.
Unlike custody rights, which involve primary responsibility for the child’s well-being, access rights are an initiative that enables the non-custodial parent to spend quality time with the child, thereby strengthening emotional ties and enabling an enriching cultural and educational exchange.
Distribution of visiting rights
The distribution of access rights in Switzerland is not set in stone, and strives to incorporate a flexibility that can accommodate the diversities and complexities of modern family dynamics.
Courts, while drawing up access agreements, strive to integrate various factors, including but not limited to the child’s age, the parents’ work schedules, and even the interpersonal relationships between family members.
The main objective is to design a plan that promotes harmonious interaction while putting the child’s best interests first.
The child’s opinion
In Switzerland, great importance is attached to children’s opinions and feelings in access cases.
The assessment of the child’s views is carried out in a methodical way, taking into consideration their age and level of maturity.
Specially trained professionals are often engaged to facilitate this communication, ensuring that children have a platform to freely express their wishes and concerns, helping them to be active participants in the process that shapes their future.
Personal proximity (art. 273 CC)
Article 273 of the Swiss Civil Code aims to promote personal closeness between the child and the non-custodial parent.
This is not just a question of frequent meetings, but also an invitation to establish a rich and deep relationship, characterized by mutual understanding and shared affection.
The courts, in their quest to guarantee this closeness, make well-considered decisions that encourage continuity and stability in the child’s life, thus fostering harmonious development.
Restricting and withdrawing access rights
It is important to note that, in exceptional circumstances, it may be necessary to restrict or eliminate visitation rights.
Such measures are generally taken to protect the child from any form of harm or potential danger.
Courts carefully consider all available evidence, including expert reports and testimony, before making a decision that, while difficult, is intended to serve the child’s best long-term interests.
In conclusion, access rights in Switzerland are designed to safeguard and promote the interests of the child.
The various stages and processes associated with this right are structured to provide an environment conducive to the development of healthy, enriching relationships, even in changed family circumstances.
It testifies to Switzerland’s commitment to ensuring the well-being and ongoing development of its youngest and most vulnerable citizens.
