Psychological assessment: prerequisites
Psychological assessment: Preconditions concern a typical issue of Swiss family and procedural law. For the legal assessment, what matters is not keywords or personal attributions, but the established facts, the relevant legal basis and the concrete effects of the measure applied for or ordered.
Courts must distinguish between parties’ submissions, documented facts, evidence and their own findings. A request does not in itself prove the factual prerequisites it asserts. Conversely, a relevant, substantiated fact must not be disregarded solely because it was submitted by a party.
In family law, the child's best interests are central in matters concerning children. At the same time, procedural guarantees apply, such as the right to be heard, access to files, a comprehensible reasoning, and an appropriate evaluation of evidence. Interventions must be suitable, necessary and proportionate.
A good legal record therefore specifies 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 authority's action, a judicial finding or an editorial classification.
For those affected, it is regularly crucial to keep a complete personal chronology, to preserve submissions and service documents, and to pay attention to clear requests. Where the factual situation changes, it must be examined whether new facts can still be introduced in the ongoing proceedings and which remedies are available.
Further posts
Editorial specialist article. Not individual legal advice. Prior to publication, the status of legislation and case law and the sources must be checked again.