SCC Art. 298b -

Einleitung zur Rechtsnorm SCC:

Art. 298b SCC from 2024

Art. 298b II. Decision of the child protection authority ⁽¹⁾

¹ If a parent refuses to make a declaration on joint parental responsibility, the other parent may request the child protection authority at the child'"s domicile to intervene.

² The child protection authority shall order joint parental responsibility, unless the mother should retain sole parental responsibility or sole parental responsibility should be assigned to the father in order to safeguard the child'"s best interests.

³ At the same time as deciding on parental responsibility, the child protection authority shall regulate any other matters in dispute. An action for payment of the maintenance contribution may be brought before the competent court; in such a case the court also decides on parental responsibility and other matters relating to the child. ⁽²⁾

3bis In its decision on residence, contact and the sharing of parenting duties, the child protection authority shall take account of the right of the child to maintain regular personal relationships with both parents. ⁽³⁾

3ter Where joint parental responsibility is awarded, with respect to the child’s best interests, it shall consider the possibility of the child residing with both parents on an alternating basis, if this is requested by one of the parents or by the child. ⁽³⁾

⁴ If the mother is a minor or subject to a general deputyship, the child protection authority shall assign parental responsibility to the father or appoint a legal guardian for the child, depending on which measure is more suitable to safeguard the child'"s best interests.