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Free Guide to Hiring a Family Lawyer
This guide explains how child visitation - often called contact or access - works in Chur, the capital of the canton of Graubünden. Swiss family law aims to protect the best interests of the child and to support continued meaningful contact with both parents after separation or divorce, unless contact would harm the child. Important decisions are governed by federal family law principles and implemented through cantonal authorities and courts. Local child protection and family authorities in Graubünden work with parents, lawyers, mediators and courts to structure visits, overnight stays and communication between parent and child.
Family law matters involving children are emotionally charged and legally complex. You may need a lawyer if you face any of the following situations:
- Disagreement over who the child should live with - primary residence and parental responsibilities - or when and how the other parent may see the child.
- Concerns about the child safety - allegations of abuse, neglect, substance misuse or domestic violence - where visitation may need to be limited or supervised.
- Cross-border issues - one parent or the child wishes to move abroad or one parent lives in another country, raising international law questions.
- Emergency situations - you need urgent temporary measures to protect the child or to secure visitation rights while a long-term decision is pending.
- Child relocation within Switzerland - a parent proposes to move the child to a different canton which affects practical visitation arrangements.
- Enforcement problems - the other parent does not respect agreed or court-ordered visitation arrangements.
- Complex cases involving third parties - grandparents, step-parents or other relatives seeking contact or when multiple caregivers are involved.
A lawyer helps you understand your rights and obligations, drafts or reviews agreements, represents you in mediation and court, and helps enforce or modify visitation orders.
Key points to know about how visitation is handled in Chur and the canton of Graubünden:
- Best interests of the child: Swiss law places the childs best interests at the centre of all decisions about parental responsibility and contact. This principle guides authorities and courts.
- Parental responsibility and contact: Parents normally retain parental responsibility after separation, and both parents are encouraged to maintain contact with the child. Where shared parental responsibility is appropriate, courts and authorities will seek arrangements that enable both parents to participate in the childs life.
- Role of KESB and family courts: The cantonal Child and Adult Protection Authority - Kindes- und Erwachsenenschutzbehörde (KESB) - handles protective measures and may intervene where a childs welfare is at risk. Family courts decide contested issues about custody, residence and visitation, and can issue binding orders.
- Mediation and negotiated agreements: Courts and authorities frequently encourage or require mediation and negotiation. Parents can reach binding agreements on visitation and parental duties, which are often faster and less costly than litigation.
- Temporary and emergency measures: If urgent protection or immediate clarity about contact is needed, courts or KESB can order provisional measures, including supervised visitation or temporary restrictions on contact.
- Supervised visitation: Where there are concerns about the childs safety, visitation can be limited to supervised settings, either through social services, specialised centres or agreed supervisors.
- Enforcement: If a parent refuses to comply with a visitation order, enforcement procedures at the cantonal level are available. Persistent refusal may lead to fines or other measures to secure compliance.
- International matters: Cross-border visitation and abduction issues are influenced by international conventions and Swiss federal rules. Cases with foreign elements may involve additional procedures and authorities.
If parents cannot agree, they can ask a mediator, the KESB or family court to decide. The deciding authority will assess the childs best interests, parental availability, the childs age and routines, and any safety concerns before issuing a schedule.
Yes. Visitation can be restricted or denied if there is a risk to the childs physical or psychological well-being. The KESB or court may impose supervised visitation, suspend contact temporarily, or set conditions to protect the child.
Supervised visitation is arranged when contact poses a potential risk. Supervision can occur through social services, specialised centres or a designated trusted person who meets legal requirements. The supervisor monitors interactions and reports to the authority or court as needed.
If a parent refuses to comply, you can file a complaint with the family court or ask enforcement through the cantonal authorities. Enforcement measures may include fines, modification of arrangements or other court-ordered steps to ensure compliance.
Relatives may seek contact in special circumstances, especially when it serves the childs best interests. Courts consider the relationship history, the childs needs and the parents views before granting contact rights to third parties.
Visitation rights and child support are separate legal issues. Child support obligations depend on the childs needs and the parents financial circumstances. Having visitation rights does not depend on payment of child support, and withholding support is not a lawful method to force contact arrangements.
If one parent wishes to move the child to another canton or abroad, the move may require the other parents consent or a court decision if parents disagree. Courts assess whether the move is in the childs best interests, considering schooling, family ties and the feasibility of maintaining contact.
In an immediate danger situation, contact the police or emergency services. You can also contact the KESB for urgent protective measures. A lawyer can assist in seeking rapid provisional court measures to protect the child and regulate contact.
Timelines vary. If parents agree or mediation succeeds, agreements can be formalised quickly. Contested court cases can take several weeks to months, depending on complexity, evidence and availability of hearings. Emergency measures can be ordered much faster when urgent protection is required.
Yes. If circumstances change significantly - for example changes in the childs needs, parental work schedules, relocation or safety concerns - a parent can apply to modify visitation or custody orders. Courts will reassess the childs best interests when considering modifications.
When seeking help in Chur consider these types of local and cantonal resources:
- Canton of Graubünden Child and Adult Protection Authority - KESB Graubünden - handles protective measures and welfare concerns.
- Family court at the local Bezirksgericht or canton judiciary - adjudicates contested custody and visitation cases.
- Mediation centres and family mediators in Graubünden - provide facilitated negotiation and help parents reach agreements.
- Cantonal social services and youth services - support supervised visitation, family counselling and practical assistance.
- Non-governmental organisations such as family support services, child welfare organisations and counselling centres - offer advice and practical support for parents and children.
- Cantonal legal aid office and the Swiss Bar Association - for information about finding a specialised family lawyer or applying for state-funded legal assistance if you qualify.
If you need legal assistance with visitation in Chur, follow these steps:
- Gather documents - assemble any existing agreements, court orders, communications about visitation, evidence of concerns about the childs welfare and documents showing your living and working arrangements.
- Seek early advice - consult a lawyer specialising in family law for an initial assessment. Many lawyers offer a short initial consultation to explain options and likely outcomes.
- Consider mediation - if safe and appropriate, mediation can be faster, less adversarial and more flexible than court. Ask about certified mediators in Graubünden.
- Contact authorities if safety is at risk - if the child may be in danger, contact the police or KESB right away for emergency protective measures.
- Apply for provisional measures if needed - a lawyer can help you request temporary court orders to secure residence and visitation while the main case proceeds.
- Keep records - maintain written records of missed visits, communication attempts, incidents and any contacts with authorities or professionals. These records are useful if you need to go to court.
- Check eligibility for legal aid - if you have limited means, ask about cantonal legal aid or pro bono services to help cover lawyer fees.
Taking those steps will help you protect the childs interests and pursue a stable, enforceable visitation arrangement in Chur. If you are unsure where to begin, start with a brief consultation with a family law lawyer or contact local family counselling services for guided next steps.
