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Book 4 · Family law  ›  Title 5 · Parental custody › Section 1666a

Principle of proportionality; priority of public support measures

(1) Measures which entail a separation of the child from its parental family are admissible only if the danger cannot be countered in another way, not even through public support measures. This also applies if one parent is temporarily or for an indefinite period to be refused use of the family residence. If a parent or a third party is refused the use of the residence in which the child also lives or of another residence, then it also is to be considered, in assessing the duration of the measure, whether this person has the ownership, a heritable building right or usufruct in the plot of land on which the residence is located; similar provisions apply to title to residential premises, a permanent residential right and an in-rem right of habitation running with the land, or if the parent or third party is the lessee of the residence.

(2) The complete care for the person of the child may be revoked only if other measures have failed to obtain a result or if it is to be assumed that they do not suffice to avert the danger.

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