Evaluation is not the same as diagnosis

Assessment is not the same as diagnosis

'Clarification is not the same as diagnosis' concerns a typical question of Swiss family and procedural law. For the legal assessment, what matters is not buzzwords or personal attributions, but the established facts, the relevant legal basis and the concrete effects of the measure applied for or ordered.

Courts must distinguish between parties' submissions, documented facts, evidence and their own findings. A request does not by itself prove the factual prerequisites it asserts. Conversely, a relevant, substantiated fact must not be disregarded solely because it was submitted by a party.

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

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

For affected parties it is regularly crucial to keep their own chronology complete, to retain submissions and service documents, and to ensure clear motions. Where the factual situation changes, it must be examined whether new facts can still be introduced in the ongoing proceedings and which legal remedies are available.

Further articles

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