Right to be heard at the KESB

Right to be heard at the KESB

The right to be heard before the KESB concerns a typical issue of Swiss family and procedural law. For the legal assessment, what matters is not catchphrases or personal attributions, but the established facts, the relevant legal basis and the concrete effects of the requested or ordered measure.

Courts must distinguish between parties' submissions, documented facts, evidence and their own findings. A motion does not in itself prove the factual circumstances it alleges. 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 the file, a comprehensible justification and an appropriate assessment of the evidence. Interventions must be suitable, necessary and proportionate.

A good legal documentation 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 administrative 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 pay attention to clear applications. Where the circumstances change, it must be examined whether new facts can still be introduced in the ongoing proceedings and which legal remedies are available.

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