KESR-ABC

 
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Accompanied visits («Besuchsbegleitung»)

If visiting rights cannot be realised after a separation, the KESB or a court can order accompanied visits. This is the case, for example, if parents have been violent in the past or if the trust between the two parties is so shattered that contact with the children is prevented. The measure should be adapted to the respective needs of the child and the situation. The specialists accompany the parents, for example, when they hand over the children to each other. They give them advice on how they can resolve misunderstandings or conflicts themselves. Or they support the absent parent and the children in gradually establishing contact. Be it just going for a walk together or playing football.

Accountability report («Rechenschaftsbericht»)

Counsellors must draw up a report at least every two years in which they highlight the strengths and weaknesses of the person concerned (Art. 411 ZGB). The report should be formulated objectively and with sensitivity. And if the deputy also has to deal with the finances of the person concerned, they must give an account of their income and assets. They should also state the reason for the measure, the mandate and objectives of the deputyship as well as the type and frequency of contact. The deputy should also make a prognosis and request an adjustment or review of the measures.
On the basis of this report, the KESB checks whether the deputy is doing their job properly and examines whether the measure can be amended or even cancelled. If those affected do not agree with the report, they can contest it.

Best interests of the child («Kindeswohl»)

Living conditions are in the child's best interests if a child or teenager can develop in a physically, mentally, emotionally, socially, spiritually or even culturally healthy way. This includes conditions such as giving them enough to eat, providing them with a roof over their heads, but also protecting them from physical and emotional violence, caring for them lovingly and offering them binding relationships. If the child's welfare is at risk, anyone can draw the attention of the KESB to this precarious situation.

Capacity of judgement («Urteilsfähigkeit»)

A person is capable of judgement if he or she acts 'reasonably' in everyday life. According to the ZGB, this is any person who is not incapable of acting rationally because of his or her young age, mental disability, psychic disorder, intoxication or similar condition.
A person's capacity of judgement may be permanently or only temporarily absent. The law does not define the age at which children are capable of judgement. It always depends on the specific circumstances. Children and adolescents are considered capable of judgement when they are able to assess a situation for themselves, draw reasonable conclusions and act accordingly.

Capacity to act («Handlungsfähigkeit»)

A person with capacity to act has both rights and obligations (Art. 12 ZGB). For example, they can conclude an employment or rental contract. This presupposes that they are capable of judgement and of legal age. The capacity to act can be restricted. For example, spouses can only terminate the joint family home with the consent of the other. Or adults who are affected by KESB measures can only enter into certain legal transactions with the consent of the deputy. Those affected by general deputyship, on the other hand, are not authorised to act.

With care-related hospitalisation, people can be admitted to a clinic or home against their will. This constitutes an encroachment on their rights and freedom. The measure may therefore only be ordered if a doctor determines that the person concerned is a danger to themselves and cannot be cared for or treated in any other way. This measure must be proportionate, comply with the legal requirements and have been ordered in a correct procedure. Otherwise, those affected can appeal.

The institution also regularly reviews whether the measure is still appropriate. The KESB also does this. In addition, the person concerned or a close relative can submit a request for discharge at any time. Affected persons must be released immediately if the conditions for placement are no longer met.

If the person concerned does not agree with the decision to release them, they can lodge an appeal. A court will then review the decision. The appeal does not have to contain a statement of reasons and the court must generally reach a decision within five days.

Child representation («Kindesvertretung»)

The child representative or child advocate represents children and young people before the court and the KESB (Art. 314 a ZGB, Art. 290 ZPO). They accompany them through the proceedings, inform them and ensure that their wishes are taken into account when decisions are made and their situation is assessed. Child representation is ordered in particular when children and young people are not listened to enough. This can be the case in the event of separation or divorce, for example, if children are drawn into the conflict.

Children and young people who are capable of judgement can request child representation themselves.

Clarification phase («Abklärungsphase»)

In the clarification phase, the authority checks whether the person concerned is in need of protection and whether a child and adult protection measure needs to be ordered. To do this, it obtains all the information it needs to make a decision. For example, from the family, the school or the doctor. In any case, it listens to the person concerned. The KESB also clarifies the current situation in detail when it comes to changing or cancelling an existing measure. This can take several weeks. If the authority identifies an urgent need for action, it can order a precautionary or even a super-provisional measure.

Conflict of interest («Interessenkonflikt»)

An abstract risk may exist before a concrete situation arises. This is the case, for example, if a relative represents a relative as a private deputy and they are also members of a community of heirs. If there is a conflict of interest, the KESB can withdraw the powers of the private deputy in this matter (Art. 403 para. 2 ZGB). This principle also applies analogously to child protection law (Art. 306 Para. 3 ZGB). If parents living apart cannot agree on the medical care of their child and this is urgently needed, the KESB can provide the minor with a deputy or a child advocate. Alternatively, if a member of the authority is related to the person concerned, there is also a conflict of interest and they must step aside.

Consultation (general) («Anhörung»)

Those affected should be able to express their views on the situation in person (Art. 447 ZGB). During the hearing, they can present their view of the situation, comment on the results of the investigation and propose their own solutions. For its part, the authority checks whether it has clarified the facts and drawn the right conclusions. If the opinion and results do not match and the discrepancies cannot be explained, further clarification is required. The hearing is usually recorded in minutes. Those affected are well advised to read the minutes carefully before signing them.
If you do not agree with the minutes or there are none, you can submit suggestions for amendments or your own minutes. However, an amendment to the official document cannot be requested. If, after the oral hearing, the parties concerned wish to submit additional written amendments, this can be announced at the hearing.

Data protection («Datenschutz”)

The deputyship and the KESB work with personal data. They may not disclose this information to third parties without good reason (so-called "overriding interest") in order to protect the persons concerned (Art 413 para 2 ZGB and Art 451 para 1 ZGB). This would make them liable to prosecution. Furthermore, they would also lose the trust of the persons concerned. If various state agencies are involved in a case, it must be possible to exchange information. For example, if parents are overburdened with the upbringing of their children but have only modest financial means. In order for the KESB to be able to relieve the family, for example with socio-educational family support, it must be able to communicate with the social welfare office that pays the costs. The KESB must provide information to other state agencies, such as social welfare or the migration office, and vice versa.

Decision («Entscheid»)

After the investigation and the hearing, the KESB or the court makes a decision. It sends the written decision, also known as an order, judgment or decision, to the person concerned by registered mail.
This contains a detailed statement of reasons and information on how, where and within what period the person concerned can lodge an appeal against the decision (information on legal remedies). If no appeal is lodged, the decision becomes legally binding and can be enforced.
If the person concerned contests the decision, this appeal procedure may take some time. Therefore, the authority can implement the decision provisionally until the final decision of the court is available (withdrawal of suspensive effect).
In urgent cases, the authority can also decide on a superprovisional measure without first hearing the parties involved in the proceedings. There is no legal remedy against this measure for the time being.

Delay in judgement («Rechtsverzögerung»)

The law stipulates that the KESB or the court may not delay or refuse to make a decision. However, if they do so, the person concerned can appeal to the next higher instance (Art. 29 para. 1 BV).

Deputy («Beistandsperson»)

The KESB appoints a suitable person for each deputyship («Beistandschaft»). These are trained social workers who are committed to the welfare and protection of the persons concerned and who fulfil the tasks assigned to them. In addition to professional competence, sufficient time and integrity, they must also be interpersonally suitable for this function and have life experience and tolerance. The person concerned can propose someone from their circle of relatives or acquaintances as a private deputy instead of the official. If the person meets the requirements, the authority must take him or her into consideration.

Deputyship («Beistandschaft»)

With a deputyship, a person concerned is assigned a specialist who supports them in certain areas of life. The KESB clarifies in advance which tasks a deputy has. This is referred to as "tailoring". Possible areas of responsibility are, for example, housing, finances, health or dealing with the authorities. The authority must also specify whether the advisor merely advises, accompanies or represents the person concerned in their concerns.

There are different types of assistance:

In an accompanying deputyship (Art 393 ZGB, «Begleitbeistandschaft»), the deputy advises and supports the person concerned at a low level. Their apacity to act remains unaffected; they remain responsible for all matters and tasks themselves. The assistance guardianship cannot be ordered against the will of the person concerned.

In a representative deputyship (Art 394/395 ZGB, «Vertretungsbeistandschaft»), the deputy can conclude individual contracts or assume individual tasks on behalf of the person concerned. However, if they oppose the activities of the deputy to their own detriment, their capacity to act may be restricted.

In a participatory deputyship (Art 396 ZGB, «Mitwirkungsbeistandschaft»), the person concerned or the deputy may only make certain decisions with the consent of the other person. This means, for example, that they can only sign tenancy agreements jointly.
Different types of deputyship can be established and combined for different areas of responsibility (Art 397 ZGB). In this way, a measure is created that is adapted to the need for protection and the needs and abilities of the person concerned. This is referred to as a tailored deputyship.

If these measures are not sufficient to protect a person concerned, a general deputyship (Art 398 ZGB, «Umfassende Beistandschaft») can be ordered. This is necessary if someone needs help in all areas of life. The authority must carefully consider the situation, and the deputy is then responsible for all the affairs of the person concerned, even acting against his or her will if necessary. Affected persons can no longer conduct these affairs themselves because they are deprived of their so-called capacity to act. They still retain their most personal rights, which include the freedom to choose your domicile and the right to marry. However, this measure is rarely necessary.

If the person concerned only needs minor support, there are also alternatives to a deputyship. For example, the support services provided by Pro Senectute and Pro Infirmis.

Duty of care («Sorgfaltspflicht»)

KESB employees and counsellors fulfil a legally defined mandate. They must fulfil their duties with the necessary care. If they act unlawfully, so that the person concerned suffers financial loss, for example, they cannot generally be held personally liable. They are subject to state liability. (Art. 454 para. 3 ZGB). This also applies to private mandate holders.

Endangerment report («Gefährdungsmeldung»)

If a person gains the impression that a child or adult needs support, they can contact the KESB. This is the case, for example, if the child is neglected or the person concerned appears increasingly neglected. If the KESB receives a report, proceedings are initiated. The authority is required by law to investigate this report and make appropriate enquiries. The reporting rights and reporting obligations were enacted so that the authority becomes aware of such situations and can support those affected. The KESB informs the persons who inform it of situations that the report has been received, but not about the next steps.
KESCHA always recommends first seeking dialogue with the person concerned and then making a report if necessary. Those affected can consult the files and find out who made the report.

Expert opinion («Gutachten»)

The KESB can commission an expert opinion if it is unable to fully clarify certain issues. It then commissions experts to assess, for example, the state of weakness of the person concerned or whether the welfare of the child is at risk. These experts are usually psychologists or psychiatrists with the relevant additional training. They must answer specific questions and draw up a corresponding report with recommendations, which the authority takes into account when making a decision. However, if financial matters are involved, the authority can consult experts who specialise in property and asset valuations, for example.
In turn, those affected can comment on the choice of expert in advance, ask supplementary questions and read the report.

Free administration of justice (URP) («URP”)

If affected parties do not have the money to pay for proceedings, they can apply for free administration of justice (URP) (Art. 117 ZPO, Art. 29 para. 3 BV). They do not have to pay any procedural costs if the application is granted. The conditions for this are that the applicants cannot pay the costs of the proceedings themselves and that the proceedings do not appear to have no prospect of success. With the free administration of justice, those affected are provided under certain circumstances with a lawyer for legal support. The free administration of justice does not automatically mean that costs are waived. If the person concerned has assets again, the authority can reclaim the costs.
Every KESB or court decision contains information on legal remedies. It can always be found at the end of a decision. This information indicates the next higher instance to which the person concerned can lodge an appeal. These instances differ from canton to canton. The decision also states how much time those affected have to do so. As a rule, this is 30 days (Art. 450 b para. 1 ZGB). In the case of care-related hospitalisation, however, it is only 10 days (Art. 450 b para. 2 ZGB). These time limits cannot be extended. The Federal Supreme Court decides in the last instance.

Inspection of files («Akteneinsicht»)

Any person involved in the proceedings may inspect the files at the competent child and adult protection authority. This right is available to the children concerned, their parents, the legal representative assigned to the case as well as persons affected by a child and adult protection measure.

The right to inspect files is regulated by federal law for child and adult protection proceedings (Art. 449b ZGB). Affected parties must submit an application so that they can inspect the files on site, take notes or - at their own expense - make photocopies. Photographs may also be taken with a smartphone. However, stapled or bound bundles of files may not be opened.

If close relatives or third parties can prove that they have a legally protected interest in a decision made by the authorities, they may also be granted the right of inspection in exceptional cases. However, the mere submission of a risk report is not sufficient justification for this.

Instruction («Weisung»)

If parents are unable to cope with bringing up their children, the KESB can intervene. This is particularly the case if the children's development is jeopardised. The authority prescribes measures appropriate to the situation. It can instruct the parents to do certain things or to refrain from doing others (Art. 307 para. 3 ZGB). This means that the authority can, for example, instruct them to regularly attend parenting counselling for a period of time and to refrain from using unhelpful parenting methods. The specialist centre records the extent to which the parents have improved their parenting skills in a report for the authorities. The measure is not limited to the area of parenting alone. The KESB can refer those affected to mediation, medical appointments or psychological counselling.

Inventory («Inventar»)

When an deputy takes on a mandate and has to manage the assets of the person concerned, they first draw up an initial inventory. This provides an overview of income and assets. In future, the adviser can then manage the accounts of the person concerned or carry out other transactions on their behalf. To do this, they must also obtain the relevant bank statements, securities deposits or promissory notes, for example. Finally, the inventory must be approved by the KESB (Art. 416 para. 2 ZGB).

If the person concerned also has to go to an institution, the deputy must clear out the home and make an inventory of valuable items such as coins or furniture. This normally only happens with the consent of the person concerned. However, if they can no longer give their consent themselves, access to the home is only permitted with the authorisation of the KESB (Art. 391 para. 1 ZGB).

Child protection is particularly concerned with the protection of the child's assets. If one parent dies, the other party must submit an inventory of the child's assets to the KESB. Without the authorisation of the authority, they may not, for example, simply use it to finance ongoing maintenance.

KESB

Depending on the canton, the KESB is a court or a quasi-judicial authority. It makes decisions independently of the municipal administration, but is subject to legislation. As the name suggests, its task in child and adult protection is to find a solution together with those affected and to avert danger. To this end, it must make important decisions, take measures and monitor these on an ongoing basis. One member of the authority is responsible for each procedure, but a decision is always made by a panel of three. The deputies or employees of an institution ultimately implement the measures. They advise and support those affected in their everyday lives.

Lasting power of attorney («Vorsorgeauftrag»)

If a person can no longer care for themselves as a result of an accident or serious illness and becomes incapable of judgement, they are dependent on outside help. With an advance care directive, they can decide in advance who should represent them in the event of their own incapacity to make judgements. They can appoint someone to represent them in their personal and property care, while another person takes over legal matters.

Personal care includes the protection of the physical and mental well-being of the person concerned. The area of property care, on the other hand, concerns responsibility for assets. This includes covering living expenses and paying bills. Legal affairs, on the other hand, describes representation vis-à-vis authorities and offices. The advance care directive must be confirmed by the KESB as the person becomes incapable of judgement in order to be legally binding.

Limitation period («Verjährung»)

If the KESB or the deputy behaves unlawfully and someone is harmed as a result, the person concerned is entitled to compensation. However, it is not the member of the authority or the counsellor who is liable, but the state. The claim for compensation is subject to a time limit: It expires three years after the day on which the person concerned becomes aware of the damage or ten years after the damaging act (Art. 60 ZGB).

Liquidation of the household («Liquidation des Haushaltes»)

When a person enters a care home, they cannot take all their household effects with them. The person providing assistance can either let interested relatives use their furniture or pictures. Or, if the person concerned is dependent on the money, the deputy can sell parts of the household effects. This means that they can sell the items, such as furniture or pictures, to relatives, for example, or offer them via an advert or a platform or have them publicly auctioned. As far as possible, the person providing assistance should involve the person concerned and, particularly in the case of items with family significance, the relatives as well.

Local Jurisdiction («Zuständigkeiten»)

If the person concerned urgently needs support, the KESB orders measures for them at their place of residence (Art. 315 ZGB, Art. 444 ZGB). A three-member panel of the specialised authority makes the relevant decisions, reviews them and cancels them as required. The authority is then responsible for as long as a deputyship has to be maintained, for example. If the persons concerned move, the proceedings are transferred to the new competent authority after a certain period of time. In principle, the KESB is responsible for child and adult protection measures. If, for example, proceedings under matrimonial law are already pending, the competent court must first be called upon to provide the necessary assistance (transfer of competence, 315 a ZGB).

Marriage protection («Eheschutz»)

If a married couple wants to separate, they can settle the consequences of separation amicably between themselves. The spouses can apply to the court with an elaborated agreement and apply for divorce. They can also live separately on the basis of the agreement. If a maintenance contribution has to be claimed by legal action, an official decision is mandatory. If the spouses do not agree on important matters, such as childcare, visitation rights or current maintenance, they can ask the authorities to settle the matter. It is sufficient for one spouse to apply for matrimonial protection orally or in writing to the competent court (Art 175 ZGB). After two years of living apart, one party may file for divorce even against the will of the other.

Measures («Massnahme»)

The KESB orders measures for children or adults if the situation cannot be dealt with in any other way. Child protection measures are taken if the child's welfare is at risk. Adult protection measures, on the other hand, are taken if the person concerned is in need of protection and assistance. For those affected, these measures always mean an encroachment on their rights and duties. They must therefore be proportionate, comply with the law and have been ordered in a correct procedure. The most commonly ordered measure is deputyship. Placements can occur in both child and adult protection. While children are deprived of parental rights of residence, adults are placed in involuntary placement.

Mediation/order («Mediation/angeordnet»)

The KESB or the court can advise or order separated parents who are constantly arguing about children's issues to undergo mediation. The aim of this measure is to persuade the parents to work out solutions for their childcare or contact, for example. They must comply with this ordered child protection measure (Art. 307 Para. 3 ZGB). The goals are precisely defined in advance, which the parents must work on with the mediators. Ideally, the mediation process will lead to a care arrangement. It should also help the parents to negotiate constructively with each other again and to work together for the benefit of their children. If the parents cannot reach a consensus, the mediation process is cancelled and the referring authority is informed. The KESB or the court will decide on further steps.

Out-of-home placement («Fremdplatzierung»)

The KESB or the court can withdraw parents' right of residence and place their children with foster parents or in an institution (Art. 310 ZGB). However, this intervention is only justified if the child's welfare continues to be jeopardised despite milder measures. The parents retain parental responsibility in the event of placement in an institution. They continue to determine the children's choice of occupation and remain their legal representatives. They also have contact and visiting rights, provided there are no objections. In addition, they must continue to pay maintenance, which also includes the costs of an external placement. If, for financial reasons, they are only able to pay for this to a limited extent, the local authority will look into cost sharing or financing via social welfare.

Parental responsibility («Elterliche Sorge»)

Parental responsibility (Art 296 ff. ZGB) includes all rights and duties of parents towards their children. The parents share these duties. Even if they separate, joint parental responsibility is the rule. They must also settle questions of care and maintenance jointly or have them settled by the authorities. Joint parental responsibility is the right to make the important decisions in the child's life together. This includes, for example, education, parenting style as well as medical and religious decisions. In serious cases of risk to the child's well-being, the KESB or the court can withdraw parental responsibility from one parent. However, the right to personal contact continues to exist. The obligation to pay maintenance also does not cease. If parental responsibility is withdrawn from both parents, the child is assigned a guardian (Art 311 para. 2 ZGB, «Vormund»).

Patient Decree («Patientenverfügung»)

A patient decree is a written declaration. In it, any person capable of judgement can state how they wish to be cared for or looked after in the event that they are no longer able to express their own wishes (Art. 370 ff ZGB). They can also appoint a private individual to make decisions on their behalf if they are no longer able to do so themselves. The patient decree should also contain a date and a signature and be kept in an accessible place.

Pedagogical family support («Sozialpädagogische Familienbegleitung»)

Pedagogical family support is a temporary measure for families in difficult circumstances. It is intended to support parents in coping with everyday life. At the same time, it is intended to promote the child's development and guarantee its protection. The measure is prescribed by the KESB and monitored by the deputy.
Family support is provided by external providers. The staff usually have a pedagogical background and always work in a goal-orientated manner. For example, they guide the parents in recognising their parenting skills and support them in their everyday lives. The child's parents must contribute to the programme according to their financial means.

Personal contact («Persönlicher Verkehr»)

If a parent no longer lives with the children, the parent still has the right to contact with the child and vice versa (Art. 273 ZGB ). The Swiss Civil Code (ZGB) refers to this as personal contact. This means that they are allowed to visit each other (visiting rights) and talk to each other on the phone, chat or write emails. However, the extent of personal contact depends on the circumstances and the age of the child. As the child gets older, his or her opinion must also be taken more into account.
If there are problems between the parents regarding personal contact, they can ask the KESB for help. The KESB can, for example, regulate the right to personal contact with an official decision. If the child's welfare is jeopardised, it can restrict or, if necessary, even stop it.

Person of trust («Vertrauensperson»)

Persons, adults, children or adolescents who are affected by a measure taken by the child and adult protection authority (KESB) can be supported by a person of trust before this authority. This person can either encourage them or speak on their behalf by accompanying them to a meeting with the authority or by helping them with written submissions. In the latter case, the person concerned must always sign the petition themselves. The KESB may reject a trusted person if they appear unsuitable. In the case of children, a hearing takes place without the parents or a person of trust being present. An exception to this is the child representative (child advocate) appointed by the KESB, who may accompany the hearing.

A person in care-related hospitalisation has a right to a person of trust who accompanies them during their stay and is granted special rights (Art. 432 ZGB).

Power of attorney («Vollmacht»)

Anyone can draw up a power of attorney for personal matters, for example if they have to go into hospital and are unable to go to the bank or post office themselves during this time. In this case, they can authorise someone else to carry out these transactions or issue them with a general power of attorney. (Art. 32 ff. and Art. 394 ff. OR). As soon as the person is able to do so again, they can carry out these tasks independently. However, if they fall seriously ill and become incapable of judgement or even die, the power of attorney expires. Unless it states that it is still valid in the event of incapacity. However, the authorised representative must then contact the responsible KESB. The authority will check whether the interests of the person concerned continue to be protected or whether it will nevertheless set up a deputyship.

Right / Duty to notify («Melderecht/-pflicht»)

In order for the authorities to be able to support people in need and their families, they are dependent on reports from outside. In principle, any private individual can do this. For example, a relative can make a endangerment report to the KESB if they learn of the precarious situation of a nephew (Art. 314 c para. 1 ZGB) or a sibling (Art. 443 para. 1 ZGB).
The situation is as follows for professionals: Office holders or persons with frequent contact with children, including teachers or day-care centre staff, are subject to the duty to notify. They must inform the KESB about people in need of help. Persons subject to professional secrecy, for example a doctor or psychologist, have a right to report children. This legal situation encourages professionals to work towards effective child and adult protection.

Right of residence («Aufenthaltsbestimmungsrecht»)

If parents share parental responsibility (Art. 296 ff ZGB, «Gemeinsame elterliche Sorge»), they must continue to decide important matters together. This includes, for example, the right to decide where the children should spend most of their time and where they should be cared for (Art. 301a para. 1 ZGB). If one parent wishes to move within Switzerland, they only need the consent of the other if this would restrict parental responsibility and contact with the children. This is the case, for example, with shared custody, also known as alternating custody, but also with visiting rights. If the parent with custody wishes to move abroad, they must have the consent of the other parent. In the event of a dispute, the authorities must decide on this. In the event of an unauthorised and unagreed move abroad, the mother or father may even be liable to prosecution.

a. Withdrawal of the right to determine residence
If the child's welfare is seriously jeopardised, the KESB or the court can withdraw the right of residence from the parents or just one parent. Depending on the situation, they can temporarily place the child with the other parent, in a foster family or in a suitable institution (Art. 310 ZGB).

State of weakness and need for protection («Schwächezustand und Schutzbedürfnis»)

If a person of legal age suffers from a mental illness or a mental disability, this constitutes a state of weakness. If, for this reason, they can no longer manage their affairs independently, this is referred to as a need for protection (Art. 390 ZGB). This is the case, for example, if the person becomes overwhelmed due to their disability and can no longer pay their bills, gets into debt and takes out large loans or gets themselves into difficulties by concluding contracts. The KESB can then set up a deputyship.
However, there are many people with a mental illness or other impairment who manage well with the help of friends and family without the authorities. This means that a state of weakness alone does not authorise the KESB to intervene.

Suspensive effect («Aufschiebende Wirkung»)

If the person concerned lodges an appeal against a decision within the time limit, it generally has suspensive effect (Art. 450 c ZGB). In practice, this means that the decision cannot be enforced while the appeal proceedings are pending. However, this does not apply to care-related hospitalisation («Fürsorgerische Unterbringung»). The appeal proceedings should only last a short time. The KESB can implement a decision to protect the welfare of the child as a precautionary measure and withdraw the suspensive effect of an appeal. This is used, for example, when children are placed in alternative care in order to avert danger immediately

Visitation rights («Besuchsrecht»)

If parents no longer live together following a separation, the child and the non-custodial parent are still entitled to appropriate personal contact (Art. 273 ZGB). The parents decide between themselves how this contact should be organised. It does not matter whether the parents are married or not. However, if they cannot find an amicable solution that is in the best interests of the child, even with the help of a specialist centre or family mediation, the KESB will determine a visiting arrangement on request.

KESCHA
Dörflistrasse 50
8050 Zurich

T +41 44 273 96 96
nfkschch

Consultations by telephone only

Opening hours

Monday - Thursday

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14.00 - 16.30


Friday


14.00 - 16.30