Alternating custody against the will of one parent
Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The decisive factor is the child’s welfare. If a parent or the child requests shared care in the case of joint parental authority, the court must examine its feasibility on the basis of the specific circumstances.
Recurring criteria in the Federal Supreme Court’s case law include the parenting ability of both parents, their ability to communicate and cooperate in matters concerning the child, the geographical situation, the previous care arrangements, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; intermediation by third parties likewise does not preclude alternating custody.
Especially important: The mere resistance of one parent to shared custody does not by itself prove a lack of ability to cooperate. What is decisive is whether a serious parental conflict also affects other child-related matters to such an extent that the custody arrangement obviously burdens the child. Therefore, a court should not only establish that a conflict exists, but investigate its concrete manifestation, causes and effects on the child.
That a parent impedes communication, withholds information or blocks childcare arrangements must be assessed without gender bias. Such behaviours can be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must be linked to concrete, verifiable incidents.
For a balanced decision, it is therefore necessary to compare the care each parent can actually provide, how handovers are organised, how school and medical matters are coordinated, and which solution will provide the child with long-term stability and sustainable relationships with both parents.
Case law:BGE 142 III 612; BGE 142 III 617; Federal Supreme Court 5A_748/2022 of 9 February 2023; 5A_195/2024 of 9 October 2024; 5A_102/2025 of 20 March 2026.
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Editorial specialist article. Not individual legal advice. Before publication, the state of the law and case law as well as the sources must be checked again.