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«Not substantiated, not demonstrated, not proven»: The earlier court decision in focus

File-based analysis: "Not substantiated, not evidenced, not proven": The previous court decision in focus. LawReport separates documented actions, party submissions, judicial findings and editorial analysis.

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, 02:46:58 PM · Europe/Zurich · indexed · Mon Aug 03 · SHA-256 cf5265294762249e…

Fedlex – Swiss federal law ↗

This piece is a reconstruction based on the files. It names public officials exclusively in verified professional roles. Party allegations are not reclassified as findings of fact.

What the files show

An earlier decision of the District Court of Münchwilen found that allegations concerning the father's ability to parent were unsubstantiated, unsupported and unproven, and that both parents were assessed as fully capable of parenting.

Andreas Schwager is officially recorded as a professional judge at the District Court Münchwilen.

Where a specific decision cannot be unequivocally attributed to an individual person, LawReport remains with the institution and the verified role and does not construct personal authorship.

The earlier judicial finding is therefore relevant as a point of comparison for subsequent child protection debates.

The critical point

The sharp question arises from the chronology itself: When does a procedural act become a real burden, when does something remain merely alleged, and when is there a judicial finding? Especially for authorities and courts this boundary must remain visible.

What does not follow from that

The documented proceedings do not permit a blanket statement that Andreas Schwager acted unlawfully, with bias, or for personal reasons. Where a party specifically alleges that, the allegation is identified as such. Criticism remains possible, but it must be based on verifiable points in the file.

Role and Responsibility

Andreas Schwager is linked in this contribution only with the function that has been officially or in the records verified. The relation Person → Role → Institution → Action → Source is the criterion; a mere mention of the name is not sufficient.

LawReport classification

The strongest criticism is therefore not the loudest formulation, but the precise juxtaposition of date, document, type of statement and consequence. Readers can thereby discern for themselves where official action, party submissions and judicial assessment coincide — and where they do not.

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