Best Child Custody Lawyers in Arlesheim

About Child Custody Law in Arlesheim, Switzerland

Child custody in Arlesheim is governed by Swiss federal law, mainly the Swiss Civil Code, and applied by the local courts and the Child and Adult Protection Authority known locally as KESB. Although rules are federal, procedures and offices are local to the canton of Basel-Landschaft, which includes the district of Arlesheim. The guiding principle in every decision is the best interests of the child.

Since reforms in 2014, joint parental authority is the default in Switzerland. Parental authority covers major decisions about a child, such as health care, schooling, religion, and name. Day-to-day care and the child’s residence are often called physical custody or care and residence, and parenting time is the child’s right to maintain personal relations with each parent. Parents are encouraged to reach a parenting plan that sets out how decisions are made, where the child lives, how time is shared, and how the child is supported financially. If agreement is not possible, the court or KESB will decide.

Why You May Need a Lawyer

You may benefit from legal help if you are separating or divorcing and need to structure a parenting plan that is fair, workable, and enforceable. A lawyer can guide you through local procedures and draft clear terms that reflect the child’s needs.

You may need representation if there is disagreement about the child’s primary residence, schooling, medical decisions, or religious upbringing, or if one parent seeks to relocate within Switzerland or abroad. Relocation rules are strict and often require consent or an order.

Legal support is critical if there are child protection concerns, allegations of neglect or violence, substance abuse issues, or if KESB opens child protection measures or appoints a child representative or a guardian. These cases move quickly and have significant consequences.

Cross-border questions arise frequently in the Basel region. International custody, recognition of foreign orders, and urgent returns under the Hague Child Abduction Convention require specialized advice and fast action.

Even when you agree, legal review helps avoid gaps in parenting plans, ensures court approval where required, and reduces the risk of future conflict. If the other parent is not following an order, a lawyer can seek enforcement and protective measures.

Local Laws Overview

Parental authority - Joint parental authority is the default. A departure from joint authority is ordered only if necessary to protect the child’s welfare. Parental authority is distinct from daily care and residence. Parents can share decision making while one parent provides most day-to-day care.

Care and residence - Courts or KESB can allocate primary residence to one parent and define a structured schedule for the other parent, or approve a shared care arrangement if it serves the child. The label is less important than stability, predictable routines, and low conflict.

Right to personal relations - Children have a right to maintain and develop personal relations with each parent and with important third persons where appropriate. Contact schedules typically include weekdays, weekends, holidays, and vacations, plus phone or video contact.

Relocation - A parent may not change the child’s residence in a way that significantly affects the other parent’s contact without the other parent’s consent or a decision by the court or KESB. Moves abroad always require consent or an order. Moves within Switzerland may also require approval if they materially reduce contact or disrupt schooling.

Unmarried parents - The mother holds parental authority at birth. Joint parental authority can be established by a joint declaration to KESB or by order upon application. It is usually granted unless it contradicts the child’s best interests. Paternity must be acknowledged or established to allocate rights and duties to the father.

Child support - Both parents owe support according to their capacities. Since 2017, Swiss law recognizes both cash support and care support. Courts consider each parent’s income, necessary living costs, the child’s needs including care costs, and the care model. Support can be adjusted if circumstances change significantly.

Voice of the child - Children have a right to be heard in proceedings concerning them. Depending on age and maturity, a trained professional or the judge will hear the child in a child-friendly setting. While the child’s views matter, they are one of several factors.

Process in Arlesheim area - In divorce cases, custody and support are decided by the competent civil court in Basel-Landschaft. For non-married parents and child protection issues, KESB can approve agreements, set measures, or appoint a child representative. Mediation is encouraged and can be ordered. Urgent situations can be addressed with provisional or superprovisional measures to stabilize arrangements while a case is pending.

Enforcement - Parenting and support orders are enforceable. If an order is ignored, the court can impose enforcement steps. In serious cases, criminal provisions may apply. International non-return is addressed under the Hague Child Abduction Convention.

Language and access - Proceedings in Arlesheim are conducted in German. You can use an interpreter when needed. If you cannot afford a lawyer and your case has merit, you can apply for legal aid known as unentgeltliche Rechtspflege.

Frequently Asked Questions

What is the difference between parental authority and physical custody?

Parental authority covers major decisions about the child’s life, such as schooling and medical care. Physical custody refers to where the child lives and who provides daily care. Parents can share parental authority even if the child primarily resides with one parent.

Is joint custody really the default in Switzerland?

Joint parental authority is the default. Courts will only award sole parental authority if joint authority would harm the child’s welfare. Daily care and residence are decided based on the child’s needs and can be primarily with one parent or shared.

How does relocation work if I want to move with my child?

If the move would significantly affect the other parent’s contact or the child’s schooling, you need the other parent’s written consent or an order from the court or KESB. Moves abroad always require consent or an order. The decision focuses on the child’s best interests, not the parent’s preferences.

What if we are not married?

The mother has parental authority at birth. Parents can obtain joint parental authority by filing a joint declaration with KESB or by order after an application. Paternity acknowledgment or establishment is required to create the father’s legal rights and duties.

Will the court listen to my child?

Yes. Children have the right to be heard. Depending on age and maturity, a child specialist or judge will speak with the child. The child’s views are considered alongside stability, caregiving history, schooling, health, and the ability of each parent to cooperate.

How is child support calculated?

Support is based on the child’s needs and each parent’s financial capacity. Courts consider income, essential living expenses, child care costs, and the care arrangement. Both cash support and the value of care provided are weighed. Orders can be modified if circumstances change substantially.

Can we write our own parenting plan?

Yes. Parents are encouraged to agree. A solid plan covers decision making, residence, schedule, holidays, travel, communication, expenses, handovers, and how disputes will be resolved. For married parents, the plan is approved within the divorce or separation process. For unmarried parents, KESB can approve it.

What happens if the other parent does not follow the order?

You can seek enforcement. The court can compel compliance and, in cases of repeated violations, adjust arrangements. If a child is withheld unlawfully across borders, the Hague Convention procedures may apply to secure a return.

Do grandparents have contact rights?

Yes, in certain cases. If it is in the child’s best interests, courts can order contact with grandparents or other significant persons, especially where they played an important role in the child’s life.

How long do custody cases take in Arlesheim?

Timeframes vary. Urgent matters can be addressed within days through provisional orders. Full proceedings can take several months, depending on complexity, need for expert reports, and whether parents reach agreement or mediate successfully.

Additional Resources

KESB Basel-Landschaft - Child and Adult Protection Authority serving the Arlesheim district.

Zivilkreisgericht Basel-Landschaft - Civil court competent for divorce and custody matters in the canton.

Ombudsstellen and child advocacy services in Basel-Landschaft - Independent points of contact for families and children.

Jugend- und Familienberatung Basel-Landschaft - Youth and family counseling services.

Mediation services recognized by the Canton of Basel-Landschaft - Family mediators who can assist with parenting plans.

Opferhilfe beider Basel - Victim support services, including assistance in cases of domestic violence.

Beistandschaften and child representation offices in Basel-Landschaft - Professional representatives appointed for children when needed.

Next Steps

Clarify your goals and concerns. Write down what is working, what is not, and what your child needs in the short and long term. Keep the focus on stability, routine, and cooperation.

Collect key documents. Gather any existing agreements or orders, the child’s school and health information, proposed schedules, and evidence relevant to safety or caregiving.

Seek early legal advice. A local family lawyer can explain options in Arlesheim, assess risks, and help you choose between mediation, a negotiated agreement, or filing for measures in court or with KESB.

Consider mediation. Many families reach durable arrangements with the help of a neutral mediator. Mediation is often faster and less stressful and may be encouraged by the court or KESB.

Protect the child’s routine. Avoid unilateral changes that could be viewed as disruptive, such as moving without consent. If urgent action is needed, ask for provisional measures rather than self-help.

Ask about legal aid. If you cannot afford a lawyer and your case has reasonable prospects, apply for unentgeltliche Rechtspflege in Basel-Landschaft.

Follow local procedures. For divorce or complex disputes, contact the competent civil court in Basel-Landschaft. For unmarried parent agreements, parental authority declarations, or child protection concerns, contact KESB serving the Arlesheim district.

Keep communication child focused. Use respectful, written communication, propose practical solutions, and document agreements. Courts and KESB look favorably on parents who prioritize their child’s well-being and cooperate where safe and appropriate.