Family law: a procedure close to the needs of children

Post on: 10.06.2025

The Federal Council has announced its intention to profoundly reform the procedure in the field of family law, with the aim of simplifying it and making it more suitable for current family dynamics, especially in the presence of minor children. The change stems from a growing awareness of the difficulties that families face in the event of separation or divorce and the need to guarantee children a clearer, faster and more uniform legal framework.

Simpler and faster procedures for the good of the children

The Federal Council noted that forms of cohabitation have profoundly transformed in recent decades. Today, many children grow up in non-traditional families, often with unmarried and sometimes non-cohabiting parents. To reflect this reality, it is now essential to modify also the judicial procedure which regulates family relationships after a separation.

The declared intent is to simplify and speed up the procedures, providing that judges, in the initial phase, attempt a mediation between the parents. If the attempt fails, we will move on to a predominantly verbal procedure, which aims to quickly regulate family relationships and to lighten tensions.

Shared resolutions for more stable family relationships

A separation represents a critical moment for every family. For this reason, the Federal Council wants to promote alternative methods of conflict resolution, such as family mediation. In fact, finding a consensual agreement makes it possible to strengthen the bond between parents and children and ensure greater stability in the long term.

The reform also aims to strengthen the interdisciplinary approach, involving experts from different areas in the proceedings, psychologists and social workers, in order to provide adequate support to families in delicate situations.

Towards a clearer competence system

One of the central aspects of the report concerns the current confusion of competences between civil judges and child and adult protection authorities (CAPA). Today, the division of responsibilities depends on the marital status of the parents and the subject matter of the dispute, leading to uncertainty and procedural differences that are no longer justified.

The Federal Council considers that it is necessary to assign decisions on juvenile matters to the civil courts, regardless of the marital status of the parents, while reserving the right to deepen the issue in the next phase of the reform.

A consultation scheduled for 2026

The indications contained in the report of 6 June 2025 represent the basis for a draft law that will be put into public consultation by the end of 2026. The cantons and industry players will be actively involved in the preparation of the reform, so that the new regulatory framework is truly effective and shared.

With this initiative, the Federal Council is taking an important step towards making family law fairer, attentive to the needs of minors and able to respond to social changes in a modern and responsible way.