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Raphael Fisch and the «free choice» of an autumn holiday week

The lawyer's opinion argued that the mother had early on left the father the free choice of one of the two autumn holiday weeks. 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 was to take place with the mother. The second autumn holiday week from 12 to 18 October is assigned to the mother; die ordentlichen Bes…

Sun Sep 13
Source
01
Kurzstellungnahme der anwaltlichen Vertretung · 14.08.2026

09/17/2026, 05:21:55 AM · Europe/Zurich · indexed · Fri Aug 14 · SHA-256 f666a141d8300f42…

02
Ferienentscheid des Kreisgerichts Wil · 07.09.2026

09/13/2026, 02:45:36 PM · Europe/Zurich · indexed · Mon Sep 07 · SHA-256 92b10a794cb27e44…

03
Aktenchronologie Ferienregelung 2026 · Mai–August 2026

09/13/2026, 02:45:36 PM · Europe/Zurich · indexed · Mon Aug 03 · SHA-256 cf5265294762249e…

Fedlex – Swiss federal law ↗

Raphael Fisch and the "free choice" of an autumn holiday week

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

The lawyer's opinion argued that the mother had early on left the father free to choose one of the two autumn holiday weeks. 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. The second autumn holiday week from 12 to 18 October is assigned to the mother; the ordinary ...

Basis of sources

What the files show

The attorney's submission argued that the mother had, in good time, given the father the free choice of one of the two autumn holiday weeks. In the letter dated 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 was to take place with the mother.

Application and opposing position

For this aspect, no separate additional motion is decisive; the analysis compares the documented state of the case file with the outcome.

The second week of the autumn holidays from 12 to 18 October is allocated to the mother; the father's regular visitation contacts are suspended during this period.

“free choice of one of the two weeks”

Checklist item

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

LawReport-Classification

The files show a genuine conflict of interpretation: 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 other party. It must be examined whether the refusal of a counterproposal may be regarded as a lack of cooperation, without thereby effectively creating a unilateral imposition.

What does not follow from this

The documented records substantiate the cited motions, statements and decision steps. They do not, without more, establish personal motives, bias, abuse of law or a general unlawfulness. Such further assessments would require additional legal and factual grounds.

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