Power of Attorney or precautionary mandate?

1. What is custody order?

Parents often want to have a say in who gets custody of their children and not just leave the decision to the KESB (child and adult protection authorities). For this purpose, there is the "custody order" in Switzerland. Parents record in this decree who should take care of their children if something should happen to them.

But be careful! The custody order is not obligatory, but legally only a wish. The KESB is primarily obliged to the best interests of the child, but will take into account the wishes of the parents if they do not contradict the best interests of the child. 

Why issue a custody oder?

• If only one parent dies, the case is often simple, the surviving parent gets sole custody (unless there are compelling reasons against it).

• But if both parents die it becomes dramatic. Can the grandparents step in and are they physically able to do so? What is the relationship with the godmother/ godfather? What do the children actually want?

• With the custody order, you have the possibility to inform the KESB of your own decision and reasons, at a time when this is otherwise no longer possible.

What should be considered when making a custody order?

• The custody order does not have to be handwritten. It is sufficient to download the template from Awina and fill it out and sign it.

• You should give reasons for your decision to the KESB. Since the order is not binding, it is worthwhile to provide the KESB with good arguments for your decision. This helps the KESB to understand your motives and to take them into account.

• Please note, however, that your decision should always focus on the best interests of the child and no other interests. It is about the future of the children and nothing else.

... so go ahead, download the template and #getitdone 👇