Family law — general practice

General family law practice in Geneva: parental authority, child protection, marital protection measures, paternity, filiation, adult and child guardianship — Maître Andrea von Flüe.

Family law in Switzerland goes well beyond divorce. The firm intervenes across the full spectrum : parental authority, child protection, marital protection measures, paternity actions, adoption, adult and child protection before the TPAE. Geneva, frontalier and binational clients.

Scope of the practice

  • Divorce — see Judicial divorce and Uncontested divorce.
  • Marital protection measures (MPUC) — when the couple is in crisis but not yet in divorce — see Marital protection measures.
  • Parental authority and custody — joint or sole parental authority, alternating or exclusive custody — see Joint custody and Visitation rights.
  • Maintenance — child and spousal maintenance under Swiss law — see Maintenance.
  • Filiation and paternity — recognition, contestation, adoption.
  • Adult and child protection — guardianship measures, advance directives, intervention before the TPAE.
  • Cross-border family law — separate dedicated cluster (see below).

Marriage and partnership

Family law starts with the marital bond itself :

  • Marriage formalities — civil registry, opposition to marriage, marriage between people of different nationalities (LDIP arts. 43-46).
  • Marriage contract — choice between participation in acquisitions (default), separation of property and community of property (CC arts. 196-251). The choice has lifelong financial consequences.
  • Registered partnership — since 1 July 2022, the Civil Code allows same-sex marriage. Existing registered partnerships continue under the Federal Act on Registered Partnership unless converted.

Filiation and paternity

The firm handles:

  • Recognition of paternity — declaration before the civil registry, with or without the mother’s consent.
  • Action in recognition of paternity — when the father refuses (CC art. 261).
  • Action in contestation of paternity — when paternity registered does not reflect biology (CC art. 256).
  • Adoption — domestic and intercountry, especially the post-2017 reform allowing adoption by the spouse of a same-sex parent.

Child protection — the TPAE

The Tribunal de protection de l’adulte et de l’enfant (TPAE) intervenes when the child’s well-being is at stake and the parents cannot agree or are unable to act. Measures range from supervised contact to deprivation of parental authority. The firm assists parents whose file is before the TPAE and represents children when a curator ad litem is appointed.

For a procedural emergency before the TPAE (interdiction to leave the territory, conservatory custody), see our procedure : Marital protection measures.

Adult protection

The 2013 reform of adult protection replaced the old tutelle/curatelle system with a graduated set of measures :

  • Anticipated mandate (mandat pour cause d’inaptitude) — appoint your own representative in advance.
  • Advance health directives — for medical decisions when you can no longer express your will.
  • Curatorship measures — graduated: accompanying, representing, cooperating, scope-of-act.
  • Place in a closed institution — strict procedural safeguards under CC arts. 426-439.

Cross-border family law

The Geneva office is uniquely positioned for cross-border families. Dedicated pages :

Approach

Every file is handled personally — no substitution. Amicable negotiation is favoured where it preserves the child’s interest and the parties’ resources; litigation is launched without hesitation when the other side refuses dialogue.

Trilingual French / English / Spanish. First consultation CHF 50.

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