Reasoned denial of a request for evidence

Reasoned rejection of a request for evidence

A well-founded refusal of a request for evidence concerns a typical question of Swiss family and procedural law. For the legal assessment, the decisive factors are not buzzwords or personal attributions, but the established facts, the applicable legal basis and the concrete effects of the measure requested or ordered.

Courts must distinguish between party submissions, documented facts, evidence and their own findings. A request does not yet prove the facts required for it. Conversely, a relevant, substantiated fact must not be disregarded solely because it was submitted by a party.

In family law, the child’s welfare is central in matters concerning children. At the same time, procedural guarantees such as the right to be heard, access to files, a comprehensible justification and an appropriate appraisal of the evidence apply. Interventions must be suitable, necessary and proportionate.

Good legal documentation 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 authority’s action, a judicial finding or an editorial classification.

For those affected it is regularly crucial to keep their own chronology complete, to retain submissions and notifications, and to ensure clear requests. Where the factual situation changes, it must be examined whether new facts can still be introduced in the ongoing proceedings and which legal remedies are available.

Further contributions

Editorial specialist article. Not individual legal advice. Before publication, the status of legislation and case law and the sources must be checked again.