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No unilateral right to determine — but who ultimately sets the options?

In the super-provisional decision of 3 August 2026, “agreement” was interpreted to mean that, in the absence of an agreement, no unilateral right to determine exists. In the letter of 4 June it was offered to choose either the first or the second week of the autumn holidays; at the same time it was stated that the other week should take place with the mother. By letter of 9 June a response was made to the letter of 4 June, regarding the holidays…

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
Ferienentscheid des Kreisgerichts Wil · 07.09.2026

09/13/2026, 02:44:46 PM · Europe/Zurich · indexed · Mon Sep 07 · SHA-256 92b10a794cb27e44…

03
Aktenchronologie Ferienregelung 2026 · Mai–August 2026

09/13/2026, 02:44:45 PM · Europe/Zurich · indexed · Mon Aug 03 · SHA-256 cf5265294762249e…

Fedlex – Swiss federal law ↗

No unilateral right to determine – but who ultimately exercises the options?

Reconstruction based on sources. Private family members are not identified. Officeholders and professionals are mentioned only in their documented capacity.

In the super-provisional decision of 3 August 2026, «agreement» was interpreted to mean that in the absence of an agreement there is no unilateral right to decide. In the letter of 4 June it was offered to choose either the first or the second autumn holiday week; at the same time it was stated that the other week should take place with the mother. By letter of 9 June the letter of 4 June was answered, regarding the holidays…

Source basis

What the files show

In the super-provisional decision of 3 August 2026, “agreement” was construed to mean that, in the absence of an accord, there is no unilateral right to decide. In the letter of 4 June, it was offered to choose either the first or the second week of the autumn holidays; at the same time it was stated that the other week would be with the mother. By letter of 9 June, the letter of 4 June was answered, the holiday registration was adhered to and an explicit waiver was not declared.

Request and opposing position

For this aspect, no independent additional motion is decisive; the analysis compares the documented status of the case file with the result.

The decision of 7 September 2026 assigns the first autumn holiday week from 5 to 11 October to the father.

Checkpoint

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

LawReport classification

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

What does not follow from that

The documented proceedings evidence the stated motions, statements and procedural decisions. They do not, without more, demonstrate personal motives, bias, abuse of law or a general illegality. Such further assessments would require additional legal and factual grounds.

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