Family lawyer in Geneva

Frequently asked questions

Unmarried parents: who holds parental authority?

Joint parental authority has been the rule since 2014, but for unmarried parents it requires a step: a joint declaration, made at the civil registry when the child is acknowledged or later before the child protection authority. Without agreement, the court or the authority decides in the child’s best interests. If the declaration was never made, it is in principle not too late — worth checking in a consultation.

How is maintenance set for a child born outside marriage?

Through a maintenance agreement between the parents, which only becomes binding once approved by the child protection authority; failing agreement, through court proceedings. Maintenance covers the child’s needs and, since 2017, the childcare contribution where one parent reduces their working hours to care for the child. Having these amounts calculated before signing avoids having to seek their modification later.

A relative can no longer manage their affairs: what can be done?

Swiss law abolished adult guardianship on 1 January 2013: it was replaced by graduated curatorship measures tailored to the person’s actual needs. In Geneva, the TPAE has jurisdiction. If the person still has capacity of judgement, an advance care directive or a lasting power of attorney allows them to organise matters themselves, in advance — often the best protection.

How is a child acknowledged, and can paternity be challenged?

Acknowledgement is made before the civil registrar, before or after the birth. Challenges, by contrast, are subject to short deadlines: an action contesting paternity must in principle be brought within one year of the father becoming aware of the relevant facts, subject to an absolute limit. After those deadlines, an action is admissible only in exceptional cases — an area where seeking advice early changes everything.

Cohabiting partners: what rights do we have towards each other?

Cohabitation is not a legal status in Switzerland: it creates no maintenance duty, no right to the home and no inheritance entitlement, even after many years together. Anything you wish to organise must be put in writing — a cohabitation agreement, a will, a beneficiary designation under pension schemes. This is the area where a lack of planning proves most costly.

What is an advance care directive (mandat pour cause d’inaptitude)?

It is a document by which a person with capacity of judgement designates in advance who will handle their affairs and health should they become unable to decide. It must meet strict formal requirements — entirely handwritten, dated and signed, or executed before a notary — and is validated by the authority only once incapacity occurs. Properly drafted, it avoids the need for a curatorship.

A curatorship has been established for a relative: can I object?

Decisions of the Child and Adult Protection Court can be appealed, within a deadline running from their notification. The person concerned, but also their relatives, may act. It is also possible at any time to request that the measure be adapted or lifted if circumstances have changed — a curatorship must remain proportionate to the actual need.

Can I change my child’s surname?

A change of name may be authorised where legitimate grounds exist, as assessed by the competent cantonal authority. Where the child has capacity of judgement, their consent is required; where the parents hold joint parental authority, the application in principle requires their joint agreement. A well-reasoned file makes all the difference here.

General information for guidance only, not a substitute for individual legal advice. Every situation deserves its own analysis — that is what the consultation is for.