New evidence and Noven
New evidence and novelties concern a typical question of Swiss family and procedural law. For the legal assessment, catchwords or personal attributions do not matter; what counts is the established facts, the applicable legal basis and the concrete effects of the requested or ordered measure.
Courts must distinguish between parties' submissions, documented facts, evidence and their own findings. An application does not yet prove its factual prerequisites. 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 apply, such as the right to be heard, access to files, reasoned explanations and an appropriate evaluation of the evidence. Interventions must be suitable, necessary and proportionate.
A good legal record therefore states 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’s allegation, an act by an authority, a judicial finding or an editorial classification.
For affected persons it is regularly crucial to keep their own chronology complete, to retain filings and service documents, and to ensure that motions are clear. Where the factual situation changes, it must be examined whether new facts can still be submitted in the ongoing proceedings and which legal remedies are available.
Further articles
Editorial specialist article. Not individual legal advice. Before publication, the legal status and case law as well as the sources must be checked again.