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Officiality principle in matters concerning children: What the 2023 decision on marital protection states

The matrimonial protection decision of 2023 states for matters concerning children that the court shall investigate the facts ex officio and must make an appropriate decision regardless of the parties’ applications. For the missed week in August, a complete replacement block of seven calendar days in the year 2026 was requested; alternatively, another complete seven-day block should be designated. The decision describes d…

Sun Sep 13
Source
01
Stellungnahme des Gesuchstellers · 26.08.2026

09/17/2026, 05:23:45 AM · Europe/Zurich · indexed · Wed Aug 26 · SHA-256 e8c9e0ea1a1dc8f7…

02
Eheschutzentscheid des Bezirksgerichts Münchwilen · 17.11.2023

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

03
Ferienentscheid des Kreisgerichts Wil · 07.09.2026

09/13/2026, 02:46:29 PM · Europe/Zurich · indexed · Mon Sep 07 · SHA-256 92b10a794cb27e44…

Fedlex – Swiss federal law ↗

The officiality principle in matters concerning children: What the 2023 decision on matrimonial protection establishes

Source-based reconstruction. Private family members are not identified. Officeholders and professionals are only named in their documented capacity.

The marital protection decision of 2023 states with respect to matters concerning children that the court shall investigate the facts ex officio and, independently of the parties’ motions, must render an appropriate decision. For the missed week in August a full replacement block of seven calendar days in 2026 was requested; alternatively, another full seven-day block should be designated. The decision describes d…

Source basis

What the files show

The marital protection decision of 2023 states regarding matters concerning children that the court must investigate the facts ex officio and, irrespective of the parties' applications, render an appropriate decision. For the missed week in August a full replacement block of seven calendar days in the year 2026 was requested; alternatively another full seven-day block should be designated.

Application and Counter-position

In the statement of 26 August, a different complete seven-day block in the calendar year 2026 was again requested alternatively, and a waiver of one of the three holiday weeks was expressly excluded.

The decision expressly does not designate this Christmas/New Year block as compensation for the missed August week, but as a second week of leave in 2026.

Checkpoint

The precise legal scope of a claim for replacement or compensation must be distinguished from the question of which specific holiday blocks the continuing title provides for and how they are determined in the individual case.

LawReport Classification

The contribution separates the formally established annual leave entitlement, the concrete exercise thereof and the question of a replacement or compensation claim. These levels must not be conflated: the existence of an annual entitlement does not automatically imply entitlement to any desired choice of dates; conversely, any deviation from the specifically requested extent must remain traceable on the basis of the justification.

What does not follow therefrom

The documented proceedings substantiate the mentioned motions, statements and steps in the decision-making process. They do not, by themselves, demonstrate personal motives, bias, abuse of rights or a general illegality. Such further assessments would require additional legal and factual grounds.

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