Evaluation of evidence in cases of conflicting parental allegations
Alternating custody is not automatic in Switzerland nor a privilege of one parent. What matters is the child’s welfare. If a parent or the child, in cases of joint parental custody, requests shared care, the court must examine its feasibility based on the concrete circumstances.
Recurring criteria in the case law of the Federal Supreme Court include the parenting capacity of both parents, their ability to communicate and cooperate on matters concerning the child, the geographical situation, prior caregiving, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; third‑party mediation does not preclude alternating custody.
Particularly 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 matters concerning the child to such an extent that the custody arrangement clearly burdens the child. Therefore a court should not simply determine that a conflict exists, but should examine its concrete characteristics, causes and effects on the child.
That a parent impedes communication, withholds information, or blocks childcare arrangements must be assessed without regard to gender. Such behaviors may be relevant for the prognosis, but must not be attributed wholesale to the mother or the father. Statements must be linked to specific, verifiable events.
For a balanced decision, it is therefore necessary to compare which caregiving each parent can actually provide, how transfers are organised, how school and medical matters are coordinated, and which solution will offer the child long-term stability and sustainable relationships with both parents.
Case law: BGE 142 III 612; BGE 142 III 617; Bundesgericht 5A_748/2022 vom 9. Februar 2023; 5A_195/2024 vom 9. Oktober 2024; 5A_102/2025 vom 20. März 2026.
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Editorial expert article. No individual legal advice. Before publication, the status of laws and case law as well as the sources must be checked again.