Best Child Custody Lawyers in Dornach

About Child Custody Law in Dornach, Switzerland

Child custody in Dornach is governed by Swiss federal law, primarily the Swiss Civil Code. While procedures and local services are organized at the cantonal and municipal levels, the substantive rules are the same across Switzerland. Since 2014, joint parental authority is the default arrangement after separation or divorce, unless the best interests of the child clearly require a different solution. Swiss law distinguishes between parental authority, which covers major life decisions, and day-to-day care and residence, which covers where the child lives and who provides daily care. Decisions are guided by the best interests of the child, the child’s need for stability and meaningful relationships with both parents, and protection from harm.

In Dornach, which is in the canton of Solothurn, family matters are handled by the competent civil courts of the canton and the local Child and Adult Protection Authority known as KESB. Courts approve parenting plans in divorce or separation proceedings, and KESB may issue protection measures if a child’s welfare is at risk. Mediation is widely encouraged to help parents develop a workable parenting plan without unnecessary conflict.

Why You May Need a Lawyer

You may benefit from legal counsel in several situations. When separating or divorcing, you will likely need a parenting plan that sets residence, parenting time, holidays, decision-making, communication, and child support. If you and the other parent disagree about any of these points, a lawyer can help negotiate and present proposals to the court. If you are not married and need to establish paternity, parental authority, or child support, legal guidance helps ensure your rights and obligations are properly recorded.

Relocation is another area where legal advice is important. Moving to another canton or abroad can require the other parent’s consent or court approval if the move significantly affects contact with the child. Cross-border issues, including abduction concerns, fall under international conventions that have strict procedures and deadlines. You may also need urgent help with protective measures in cases involving domestic violence, substance abuse, or risk to the child, which can include supervised contact or temporary care orders.

Other common reasons include enforcement of parenting time when visits are not respected, modification of existing orders when circumstances change, navigating KESB investigations or measures, calculating child support fairly, addressing grandparent or third-party contact, and seeking court-approved mediation or alternative dispute resolution. If your financial means are limited, a lawyer can also help you apply for legal aid known as unentgeltliche Rechtspflege.

Local Laws Overview

Swiss Civil Code framework. Joint parental authority is the standard for separated or divorced parents. Sole parental authority is ordered only when necessary for the child’s welfare. Parental authority covers major decisions such as education, healthcare, religious upbringing, and name. Day-to-day care and residence, often called physical custody or Obhut, determines where the child primarily lives and how parenting time is shared.

Parenting plans and court approval. Parents are encouraged to draft a detailed parenting plan that addresses residence, schedules, holidays, travel, communication, decision-making, information sharing, and dispute resolution. In divorce cases the civil court approves and formalizes the plan. For unmarried parents, parental authority and care arrangements can be recorded administratively or, when contested, decided by the court or KESB depending on the issue.

Best interests standard. All decisions rest on the child’s best interests, with attention to continuity of care, the child’s relationships with both parents and siblings, the child’s views, each parent’s caregiving capacity, work schedules, distance between homes, cooperation between parents, and any risks such as violence or neglect. Children are usually heard by the judge or a trained specialist in an age-appropriate manner, often from around age 6 or 7, earlier or later depending on maturity.

Relocation rules. A parent needs the other parent’s consent or a court decision to relocate with the child when the move significantly affects the existing arrangement. Moves abroad always require consent or a court order. The court will assess motivations, the feasibility of maintaining contact, schooling, language, support networks, and the impact on the child.

KESB role. The local Child and Adult Protection Authority, KESB Dorneck-Thierstein for the region that includes Dornach, can impose protective measures if a child’s welfare is endangered. Measures include assistance and counseling, appointment of a child curator, supervised contact, and in severe cases a change of residence. KESB decisions can be appealed through the cantonal system.

International issues. Switzerland is party to the Hague Child Abduction Convention and to other treaties on maintenance and cross-border family matters. Cross-border cases require specialized handling, coordination with central authorities, and quick action.

Child support. Both parents must contribute to the child’s maintenance according to their means and the child’s needs. Calculations consider the cost of the child, each parent’s essential living budget, income and earning capacity, and the share of caregiving. Orders can be modified if there are significant changes such as job loss, health issues, or a new caregiving schedule.

Language and procedure. Proceedings in Dornach are conducted in German. Mediation is encouraged and can be ordered by the court. If you cannot afford a lawyer, you can apply for legal aid with proof of limited means and reasonable case prospects.

Frequently Asked Questions

What is the difference between parental authority and custody in Switzerland

Parental authority, elterliche Sorge, is the right and duty to make major decisions for the child, for example schooling, healthcare, and religion. Custody in everyday language often refers to where the child lives and who provides daily care, called Obhut or Betreuung. Parents can share parental authority while the child primarily lives with one parent or splits time between homes.

Do unmarried parents have the same rights as married parents

Yes, once paternity is legally recognized, joint parental authority is the default unless the child’s welfare requires a different arrangement. If paternity is not yet recognized, the mother initially holds parental authority. Parents can then agree on joint authority and care, or seek a decision if they disagree.

How does the court decide parenting time and residence

The court evaluates the child’s best interests, including stability, caregiving history, the child’s age and needs, each parent’s ability to cooperate, schedules, distance between homes, and the child’s views. Schedules range from primary residence with regular visits to near equal care, depending on what serves the child best.

Can I move to another city or abroad with my child

If the move significantly affects the other parent’s contact or if you plan to move abroad, you need the other parent’s written consent or a court order. The court will weigh motives, the practical impact on contact, school and language issues, and support networks. Moving without consent can lead to legal consequences and orders to return.

Will my child be heard during the process

Yes, children are typically heard in a child-friendly setting by a trained judge or specialist, usually from around age 6 or 7 depending on maturity. The child’s opinion is important but does not automatically determine the outcome. The focus remains on best interests.

What happens if the other parent refuses to follow the parenting plan

You can seek enforcement through the court. Measures include clarification orders, fines, or adjustments to the plan. If the child’s welfare is at risk, KESB may step in and can order supervised contact or other protective measures. Keep records of missed visits and communications to support your application.

How is child support calculated

Support is based on the child’s needs and each parent’s financial capacity. Courts consider basic costs of the child, essential budgets of each parent, income and reasonable earning potential, childcare costs, and the share of caregiving. Orders can be revised if finances or care arrangements change significantly.

Do we have to go to court if we agree on everything

If you are divorcing, the court still needs to review and approve your parenting plan and support arrangements to make them enforceable. If you are not married, agreements on parental authority, residence, and support can be officially recorded through the competent authority, and court approval may be needed depending on the issue.

Is mediation available for child custody disputes

Yes, mediation is common and encouraged by courts in Solothurn. A neutral mediator helps parents reach a durable parenting plan and reduce conflict. Agreements reached in mediation can be submitted to the court for approval.

What if there is domestic violence or a risk to the child

Immediate safety comes first. Courts can issue protective orders, restrict or supervise contact, and order temporary arrangements. KESB can impose protective measures and provide support. Document incidents and seek assistance from police and support services right away.

Additional Resources

KESB Dorneck-Thierstein. The local Child and Adult Protection Authority for the region that includes Dornach handles child protection concerns, supervised contact orders, and curatorships, and can guide families to support services.

Civil courts in the canton of Solothurn. The competent courts hear divorce, separation, and parental matters, approve parenting plans, decide relocation requests, and enforce orders.

Department of Health and Social Affairs of the canton of Solothurn. Provides information on family services, counseling, and child and youth support programs.

Swiss Federal Office of Justice, Central Authority for International Child Abduction. Provides guidance for cross-border custody and return applications under the Hague Convention.

Mediation services in the Solothurn region. Court-approved mediators assist with parenting plans and conflict reduction.

Pro Juventute and regional parenting support organizations. Offer counseling, parent education, and practical assistance for families and children.

Women’s shelters and victim support services in Solothurn. Provide safety planning, legal information, and emergency support in cases of violence.

Legal aid offices in the canton of Solothurn. Assist with applications for unentgeltliche Rechtspflege for those with limited means.

Next Steps

Clarify your goals and concerns. Note your child’s routines, school and care needs, and what arrangements you believe would work. Keep a calm record of communications with the other parent, missed visits, and expenses related to the child.

Obtain key documents. Gather your child’s passport and health records, school reports, proof of income and expenses, childcare receipts, rental or mortgage documents, and any relevant messages or emails.

Consult a family law lawyer. Choose someone experienced in Swiss custody law and, where relevant, international family law. A lawyer can evaluate your situation, advise on likely outcomes, and draft or review a parenting plan and support proposals.

Consider mediation. If it is safe to do so, mediation can help reach a balanced parenting plan more quickly and with less stress. Mediated agreements can be submitted for court approval.

Address urgent risks immediately. If there is violence or risk to the child, contact emergency services and seek protective measures. KESB can intervene where child welfare is endangered.

File or respond in the correct forum. Your lawyer will determine whether to proceed before the civil court or involve KESB, and whether interim measures are appropriate. If a relocation or international issue is involved, act promptly to meet legal timelines.

Ask about legal aid. If you have limited means and your case has reasonable prospects, apply for unentgeltliche Rechtspflege to cover court costs and a lawyer, fully or partially, depending on your financial situation.

Follow orders and adapt when needed. Comply with interim and final orders. If circumstances change, seek a formal modification rather than making unilateral changes. Keep the focus on the child’s stability and well-being at every step.