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"Absprache" or "Einigung": How a word was interpreted in the holiday dispute

The marital protection order states that the holidays must be registered «in consultation with the mother» two months in advance. In the super-provisional decision of 3 August 2026, «in consultation» was interpreted to mean that, in the absence of agreement, there is no unilateral right to decide. In the super-provisional decision of 3 August 2026, «in consultation» was interpreted to mean that, in the absence of agreement, there is no unilateral right to d…

Sun Sep 13
Source
01
Eheschutzentscheid des Bezirksgerichts Münchwilen · 17.11.2023

09/13/2026, 03:00:09 PM · Europe/Zurich · indexed · Fri Nov 17 · SHA-256 d8dc7fadfec5f8ec…

02
Aktenchronologie Ferienregelung 2026 · Mai–August 2026

09/13/2026, 02:44:39 PM · Europe/Zurich · indexed · Mon Aug 03 · SHA-256 cf5265294762249e…

Fedlex – Swiss federal law ↗

«Arrangement» or «Agreement»: How one word was interpreted in the holiday dispute

Source-based reconstruction. Private family members are not identified. Public officeholders and professionals are referred to only in their documented capacity.

The matrimonial protection order states that the vacations must be registered "in consultation with the mother" two months in advance. In the super-provisional decision of 3 August 2026, "consultation" was interpreted to mean that, in the absence of agreement, there is no unilateral right to decide. In the super-provisional decision of 3 August 2026, "consultation" was interpreted to mean that, in the absence of agreement, there is no unilateral right to deci…

Source basis

What the files show

The matrimonial protection order states that the holidays are to be registered "in consultation with the mother" two months in advance. In the super-provisional decision of 3 August 2026, "consultation" was interpreted to mean that, in the absence of agreement, there is no unilateral right to decide.

Request and opposing position

For this aspect, no separate additional motion is decisive; the analysis compares the documented state of the files with the outcome.

In the super-provisional decision of 3 August 2026, «Absprache» was interpreted to mean that, in the absence of an agreement, no unilateral right of determination exists.

“in consultation with the mother”

Checkpoint

The files do not answer in the abstract when an admissible counteroffer turns into a de facto selection or veto right; however, they show which options were concretely offered, rejected and judicially determined.

LawReport classification

The files show a genuine interpretive conflict: on the one hand, no party should have a unilateral right to determine; on the other hand, the father was offered a choice between two options accepted by the opposing party. It must be examined whether the non-acceptance of a counterproposal may be regarded as a lack of cooperation without thereby effectively creating a unilateral imposition.

What does not follow from that

The documented records substantiate the mentioned motions, statements and decision-making steps. They do not, without further ado, establish personal motives, bias, abuse of rights or a general unlawfulness. Such further assessments would require additional legal and factual grounds.

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