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 is not limited to divorce. The firm covers the full range of family situations: parental authority and child protection outside divorce, filiation and recognition, contestation, cohabitation agreements, organisation of family wealth.

  • CC arts. 252-455 (RS 210) — Book II of the Civil Code: “Family law”
  • CC arts. 252-263 — filiation (establishment, contestation, adoption)
  • CC arts. 270-275a — effects of filiation, name, personal relations
  • CC arts. 296-317 — parental authority
  • CC arts. 307-317 — child protection measures
  • LPart (RS 211.231) — registered partnership

Parental authority — CC arts. 296 ff.

Rule: joint parental authority since 1 July 2014, regardless of the parents’ marital status. Both for married, separated and never-married parents.

Exception: sole parental authority where “the child’s well-being so requires” (CC art. 298 para. 1). Strict criteria — violence, abandonment, durable incapacity.

Modification: a material change in circumstances may justify transfer to sole parental authority or a return to joint authority (CC art. 298d for unmarried parents, CC art. 134 for married parents).

Child protection — CC arts. 307-317

The Child and Adult Protection Authority (APEA) — in Geneva, the Tribunal de protection de l’adulte et de l’enfant (TPAE) — intervenes when the physical, psychological or material integrity of a child is threatened. Graduated measures:

  • Warning to the parents (CC art. 307 para. 3)
  • Supervision: educational curator
  • Curatorship for supervision of personal relations (CC art. 308 para. 2) — to frame a difficult visitation right
  • Representation curatorship in judicial proceedings (CC art. 308 para. 2)
  • Withdrawal of the right of custody (CC art. 310) — placement of the child outside the home
  • Withdrawal of parental authority (CC art. 311) — ultimate measure

In Geneva, the Service de protection des mineurs (SPMi) investigates reports and proposes measures to the TPAE. The firm defends parents facing these proceedings — access to the file, contesting findings, negotiating measures.

Filiation — CC arts. 252 ff.

Establishment

  • Mother: by giving birth (CC art. 252 para. 1)
  • Married father: presumption of paternity (CC art. 255)
  • Unmarried father: by voluntary recognition (CC art. 260) or paternity judgment (CC art. 261)

Recognition — CC art. 260

A unilateral act by which the man declares himself to be the father. Received by the civil-registry officer or by will. Effects from registration.

Contestation — CC art. 256 (marriage) and CC art. 260a (recognition)

Short deadlines:

  • Husband: 1 year from knowledge of the absence of paternity
  • Child: at any time until 1 year after majority
  • Recognition: 1 year for the author, 5 years for the child

Genetic testing is the principal means of proof.

Action for paternity — CC art. 261

To establish a filiation link against the presumed father’s will. Deadline 1 year from the child’s majority or from knowledge of the presumed father.

Adoption — CC arts. 264-269c

Adoption in Switzerland is strictly regulated. Principal conditions:

  • Appropriate age difference between adopter and adoptee
  • Demonstrated educational capacity
  • Prior investigation procedure (canton of Geneva: Service d’autorisation et de surveillance de l’accueil familial — SASLP)
  • Joint adoption (married couples or registered partners), adoption of the spouse’s child, simple or full adoption

International adoption is governed by the Hague Convention of 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption.

Cohabitation — a legal gap

Unmarried couples have no specific legal status in Switzerland. The consequences:

  • No maintenance obligation between cohabitants
  • No sharing of assets acquired during the union
  • No automatic inheritance
  • No LPP partner coverage
  • But: joint parental authority where recognition + joint declaration is made

The firm drafts cohabitation agreements to structure common wealth, household contributions, and the future in case of separation or death.

Registered partnership — LPart

Before 1 July 2022, a specific route for same-sex couples. Since the introduction of marriage for all, no new registrations are made. Existing partnerships can be maintained or converted into marriage. Dissolution broadly follows divorce rules.

Marriage for all — since 1 July 2022

The opening of marriage to all couples has unified the rules. Consequences:

  • Same adoption rights
  • Same inheritance rules
  • Same divorce effects
  • Same rights to facilitated naturalisation

Cross-border family law

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

When to consult

  • Parental conflict over authority or custody (outside divorce)
  • Pending SPMi or TPAE proceedings
  • Complex child recognition (contested paternity, international context)
  • Adoption contemplated
  • Cohabitation agreement to structure
  • Filiation to contest

Costs

  • First consultation: CHF 50
  • Uncontested child recognition: notarial intervention + accompaniment CHF 800-1’500
  • Contestation of filiation: CHF 4’000-9’000
  • TPAE proceedings: CHF 3’500-9’000 depending on stakes
  • Cohabitation agreement: CHF 1’500-3’500
  • Legal aid (assistance juridictionnelle): available

Going further

Maître Andrea von Flüe has practised family law in Geneva since 2012. Trilingual French / English / Spanish. First consultation CHF 50.

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