Visitation Rights of the Non-Custodial Parent in Switzerland

Legal Basis

Art. 273 para. 1 CC establishes the right to maintain personal relations with the child. Protected by art. 13 FC and art. 8 ECHR. ATF 131 III 209 confirmed this right primarily serves the child's welfare.

Modalities

Parents may agree freely (art. 273 para. 3 CC). In case of disagreement, the court decides. Standard practice in French-speaking Switzerland: every other weekend, one weekday, half of school holidays, alternating public holidays.

Supervised Visitation (art. 274 para. 2 CC)

Ordered when unsupervised contact presents a danger (violence, substance abuse, abduction risk, serious mental health issues). Takes place at specialised venues.

Limits and Withdrawal (art. 274 para. 2 CC)

Visitation may be refused or withdrawn if it compromises child development. Total withdrawal is exceptional (ATF 122 III 404).

Violation

By custodial parent: Petition the AEPCA or court. Systematic obstruction may lead to warning, protective measures (art. 307 et seq. CC), or custody modification (ATF 142 III 481).

By visiting parent: Custodial parent may petition the AEPCA. Non-return of child may constitute child abduction (art. 220 CP).

Third-Party Visitation (art. 274a CC)

Grandparents and others may have visitation rights if it serves the child's welfare. This right is subsidiary.