Swiss justice has decided the conflict of an ex-lesbian couples

The Swiss Federal Court restricts the rights to. Nevertheless, visit in a case of separation from a lesbian couple.Image: Shutterstock

The Federal Court rejected the right to visit a non -biological mother on her daughter. Meanwhile, raising questions about parental rights in homoparental couples.

The Federal Court did not grant a woman of right of visit to the daughter of her ex-partner. Similarly, The child had been designed thanks to sperm donation. However, swiss justice decided conflict ex-lesbian The two women were then separated, but they lived under the same roof with their son.

The boy is the complainant’s biological son and has the same father as his half-sister. Nevertheless, It was adopted in 2015 by the ex-partner of the mother. Meanwhile, as the two women had planned, even though their relationship was over. Furthermore, The two mothers had hidden the end of their couple so as not to jeopardize the adoption procedure.

Due to the climbing between the two women after the girl’s birth. For example, the complainant could not adopt the daughter of her ex-partner. During a public meeting. the Federal Court said Thursday that there were no extraordinary circumstances which would give it the right to swiss justice decided conflict ex-lesbian maintain contact with the child.

Common family project – Swiss justice decided conflict ex-lesbian

Such a case is provided for in article 274a of the Civil Code. This article stipulates that. in exceptional circumstances, the right to maintain personal relations with a child can be granted to third parties, provided that it is in the interest of the child.

It is notably invoked for family members, especially grandparents. For same -sex couples. the Federal Court has developed a case law indicating that there is a right to personal contact if the child is designed and born within the framework of a common family project.

In this case. a majority of judges said that the girl was not part of such a project, but that her conception had only been the swiss justice decided conflict ex-lesbian wish of the second woman. She had, at first, agreed so that her ex-partner could adopt the child, but she then retracted.

Roommates

Two of the judges also recalled facts selected by the Vaud cantonal court in this case. made to which the Federal Court is linked if they are not arbitrary. It was thus the former partner who took care of the two children while the complainant was studied.

Between the end of the relationship between the two women in 2015. the effective move of the ex-partner in August 2020, mothers lived in colocation. The two judges denied the existence of a real social relationship between the complainant and the little girl.

The climbing of the conflict between the two women pleads against swiss justice decided conflict ex-lesbian the existence of regular contact. However, these must maintain this contact due to their common son.

Shared responsibilities

The complainant, for her part, presented a completely different version. According to her, the girl was part of a common family project. She lived during her first three years in a common household, with her half-brother. There was a family structure that worked. The fact that the two mothers no longer constituted a loving couple is not relevant to their eyes.

According to her, a common family project commits parents to assume their responsibilities, for the good of the child. No need to prove social parentingshe said. (Jah/ATS)

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