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Free Guide to Hiring a Family Lawyer
Child custody in Wohlen, as in the rest of Switzerland, is governed primarily by federal family law with local procedures handled by cantonal and district authorities. The Swiss Civil Code sets out the rules for parental authority, the rights and duties of parents, and child maintenance. In most cases, parents retain joint custody after separation unless a court decides otherwise in the best interests of the child. Practical steps and hearings take place locally - for Wohlen that typically involves cantonal family services, the Kindes- und Erwachsenenschutzbehörde (KESB) when child protection issues arise, and the district court that handles family law matters for the area.
Family-law matters about children are often emotionally charged and legally complex. You may want a lawyer if:
- Parents disagree about who the child will live with or how parenting time will be arranged.
- One parent wants to move with the child to another canton or another country.
- There are allegations of abuse, neglect, addiction, or other safety concerns that could lead to KESB intervention or emergency court orders.
- Paternity is disputed or needs to be legally established.
- You need to create, review, or enforce a parenting plan or court order, including child support calculations and enforcement.
- The case involves cross-border issues, such as international custody disputes or the risk of child abduction.
- You are seeking legal aid, need help with evidence, or expect a contested court procedure.
Key legal concepts and local practices relevant in Wohlen include the following.
- Parental authority - Swiss law focuses on the best interests of the child and provides that parents are responsible for care, upbringing, and property management for their child. Parents usually share parental authority after a separation unless a court orders otherwise.
- Residence and parenting time - The court or parents decide the childs habitual residence and a schedule for custody and visitation. Shared physical custody is common, but arrangements vary by family and the childs age and needs.
- Child maintenance - Both parents must financially support their children. Maintenance amounts are based on the childs needs and parents incomes. Courts or cantonal authorities may calculate support using established guidelines.
- Emergency protection - If a childs safety is at risk, KESB can take immediate protective measures. Courts can issue temporary orders on residence, custody, or contact while the case proceeds.
- Dispute resolution - Courts encourage mediation and negotiated parenting plans. Many cantons offer family mediation services to avoid lengthy litigation.
- Court procedure - Family-law matters are handled by the local civil or district court for the region. Proceedings typically involve written submissions, hearings, and sometimes expert reports or social investigations about the childs situation.
- International issues - Switzerland is a party to international instruments such as the Hague Convention on the Civil Aspects of International Child Abduction. International moves, abduction risk, and foreign orders are handled under specific rules.
By default both parents retain parental authority after separation. This means both share responsibility for major decisions about the childs upbringing unless the court decides that sole authority is necessary for the childs welfare. Practical custody for day-to-day living - where the child resides - is decided by agreement or by the court if parents cannot agree.
Habitual residence is the place where the child regularly lives. Courts look at factors such as where the child sleeps, attends school or kindergarten, social ties, and family life. The courts and KESB consider the childs stability and best interests when making decisions about residence.
A parent cannot unilaterally move the child to another canton or abroad if that move meaningfully changes the childs habitual residence. A move that affects the other parents contact or custody rights typically requires the other parents consent or a court order. If a parent intends to relocate, they should seek legal advice and attempt to reach an agreement or obtain court permission.
If a childs safety is at risk, contact local emergency services and the KESB immediately. KESB can initiate protective measures and the court can issue temporary orders restricting contact or changing residence. A lawyer can help you document concerns, apply for protection, and represent you in swift proceedings.
Grandparents and other relatives may be granted contact rights or, in exceptional cases, custody if it is in the childs best interest and the parents are unable or unfit to care for the child. The court evaluates the childs relationship to the relatives and the child welfare implications before making such orders.
Child maintenance is based on the childs needs and the parents financial ability. Cantonal guidelines and courts provide calculations that consider income, reasonable living expenses, and the childs standard of living. If a parent fails to pay ordered maintenance, enforcement can be sought through debt-collection procedures and cantonal enforcement authorities.
KESB is the cantonal child and adult protection authority. KESB intervenes when a childs welfare is at stake - for example, in cases of neglect, abuse, or parental incapacity. KESB can investigate, propose measures, and request court orders. Their focus is protective measures and the childs best interest, not parents rights per se.
Timelines vary. If parents agree through mediation, a parenting plan can be implemented quickly - often weeks to a few months. Contested court cases can take several months to more than a year, depending on complexity, need for expert reports, and court workload. Emergency decisions can be made much faster when immediate protection is required.
Costs depend on the lawyers experience, the scope of work, and the cantonal fee structures. Some lawyers offer fixed fees for specific services and hourly rates for litigation. If you cannot afford a lawyer, you may apply for legal aid - called unentgeltliche Rechtspflege - through the courts or cantonal legal-aid office. Discuss fees and retainer terms with any lawyer at the first meeting.
Collect documents that help explain the family situation and finances. Typical items include the childs birth certificate, parents identity documents, marriage or partnership papers, separation agreements if any, school and medical records, correspondence about custody or contact, proof of income and expenses, and any records of incidents relevant to the childs welfare. A clear chronology of events and any communication records can be very helpful.
Helpful local and national resources for people in Wohlen include:
- The cantonal Kindes- und Erwachsenenschutzbehörde (KESB) - for child protection matters.
- The district court responsible for family law matters in the region - for filings, court decisions, and procedural questions.
- Cantonal social services - for practical family support, social counseling, and family assistance.
- Swiss Bar Association and local cantonal bar - directories to find qualified family-law attorneys with experience in Aargau and Wohlen.
- Pro Juventute, Kinderschutz Schweiz and other non-governmental organisations - for counselling, parent support, and child welfare information.
- Cantonal legal aid offices - for information on applying for free or reduced-cost legal assistance.
- Federal sources on family law and international conventions - for general legal background on topics like international child abduction.
If you need legal assistance with a child custody matter in Wohlen - a suggested step-by-step approach:
- Take immediate safety steps if the child is in danger - call emergency services or KESB.
- Gather key documents - birth certificates, ID, financial statements, school and medical records, messages or emails relevant to the case.
- Try to communicate with the other parent calmly about interim arrangements - if safe and practical - and keep notes of all communication.
- Consider mediation - many disputes are resolved faster and with less stress through mediation or assisted negotiation than through litigation.
- Consult a family lawyer with experience in Aargau/Wohlen - ask about their family-law experience, typical fees, cases similar to yours, and whether they handle mediation and court work.
- Ask about legal aid if you have limited finances - you may qualify for assistance with legal costs.
- Prepare for possible court steps - your lawyer will help you prepare submissions, evidence, and a clear proposal for custody and parenting time focused on the childs best interests.
- Keep the childs welfare central - document routines, schooling, health needs, and support networks that demonstrate what arrangement best serves the child.
If you are unsure where to start, contact local cantonal family services or a local family-law practitioner for an initial consultation. Early, informed steps often reduce conflict and help achieve a solution that puts the childs needs first.
