Assess high-conflict families in a differentiated manner

Assess high-conflict families in a differentiated manner

Differentiated assessment of high-conflict families is a typical issue of Swiss family and procedural law. For the legal assessment it is not keywords or personal attributions that matter, but the established facts, the relevant legal basis and the concrete effects of the measure requested or ordered.

Courts must distinguish between party submissions, documented facts, evidence and their own findings. An application does not by itself prove the factual circumstances it invokes. Conversely, a relevant, substantiated fact must not be disregarded solely because it was submitted by a party.

In family law, the child's best interests are central in matters concerning children. At the same time, procedural guarantees apply, such as the right to be heard, access to files, comprehensible reasoning and an appropriate evaluation of evidence. Interventions must be suitable, necessary and proportionate.

A good legal documentation therefore states the date, document type, author or official role, the content of the specific act and its procedural status. It avoids motives that are not substantiated, and explicitly indicates whether something is a party’s allegation, an administrative action, a judicial finding or an editorial classification.

It is regularly crucial for those affected to keep a complete chronology, to retain submissions and served documents, and to pay attention to clear applications. Where the situation changes, it must be examined whether new facts can still be introduced in the ongoing proceedings and which legal remedies are available.

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Editorial specialist article. Not individual legal advice. Before publication, the status of legislation and case law and the sources must be checked again.