KESR-ABC

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.

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).