The Shared Custody Agreement is a vital legal document used in Switzerland when parents need to formalize arrangements for sharing custody of their children, whether following separation, divorce, or as part of family planning. This document, governed by Swiss law and particularly the Swiss Civil Code (ZGB), provides a comprehensive framework for co-parenting responsibilities. It is typically implemented when parents agree to share custody or when ordered by Swiss authorities, ensuring both parents maintain significant involvement in their children's lives. The agreement covers essential aspects such as residential schedules, decision-making authority, financial responsibilities, and communication protocols, while remaining adaptable to accommodate changes in circumstances or the evolving needs of the children. It must comply with Swiss legal requirements and can be used in court proceedings or interactions with relevant authorities.
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1. Parties: Identification of both parents and children, including full legal names, addresses, and dates of birth
2. Background: Brief history of the parents' relationship, current status, and reason for the custody agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Joint Parental Authority: Declaration of shared parental responsibility and decision-making rights and obligations
5. Residential Arrangements: Detailed schedule of where the child(ren) will reside, including regular schedule and transitions
6. Decision-Making Rights: Process for making important decisions regarding education, health, religion, and other significant matters
7. Communication: Guidelines for communication between parents regarding the child(ren) and sharing of important information
8. Financial Responsibilities: Details of child support, sharing of expenses, and financial obligations of each parent
9. Healthcare: Arrangements for medical care, insurance, and emergency medical decisions
10. Education: Agreements regarding school choice, participation in school activities, and access to educational records
11. Dispute Resolution: Process for resolving disagreements and modifications to the agreement
12. Governing Law: Confirmation that the agreement is governed by Swiss law and jurisdiction
13. Duration and Review: Term of the agreement and provisions for periodic review and modification
1. International Travel: Required when there is potential for international travel or when one parent has ties to another country
2. Religious Upbringing: Included when parents have specific agreements about religious education or practices
3. Extended Family Contact: Added when there are specific arrangements for maintaining relationships with grandparents or other family members
4. Special Needs Provisions: Included when child(ren) have specific medical, educational, or developmental needs requiring special attention
5. Language and Cultural Education: Required when parents have different cultural backgrounds or languages and want to maintain both
6. Relocation Provisions: Added when there is possibility of one parent moving to a different canton or country
7. Digital Media and Social Networks: Included when parents want to establish guidelines for children's online presence and social media use
8. Extra-curricular Activities: Added when there are specific agreements about participation in and funding of extra-curricular activities
1. Schedule A - Residential Calendar: Detailed calendar showing regular custody schedule, holidays, and special occasions
2. Schedule B - Financial Statement: Detailed breakdown of regular expenses, cost sharing, and payment arrangements
3. Schedule C - Contact Information: Complete contact details for both parents, emergency contacts, and relevant professionals
4. Schedule D - Medical Information: Children's medical history, allergies, medications, and healthcare providers
5. Schedule E - Education Details: Current school information, academic calendar, and educational requirements
6. Appendix 1 - Communication Protocol: Detailed guidelines for routine and emergency communication between parents
7. Appendix 2 - Holiday Schedule: Specific arrangements for school holidays, religious holidays, and special occasions
8. Appendix 3 - Travel Documentation: List of required documents and procedures for domestic and international travel
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