Glossary · Swiss and international law
Joint parental authority (CC arts. 296 ss)
Default regime since 1 July 2014: both parents continue to exercise parental authority after divorce, save for a duly motivated contrary decision.
Reference : CC art. 296-298
Parental authority covers all the rights and duties of the parents toward the child : upbringing, representation, management of assets, choice of residence, choice of schooling.
Since 2014, the legislature has set joint parental authority as the normal regime after divorce or separation. Sole attribution (art. 298 al. 1 CC) is justified only by serious grounds linked to the child’s welfare : lasting incapacity of one parent, intractable conflict blocking decisions, endangerment.