Assess cooperativeness objectively rather than according to personal sympathy

Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The child's best interests are decisive. If a parent or the child requests shared care in cases of joint parental authority, the court must examine its feasibility based on the concrete circumstances.

Recurring criteria in Federal Supreme Court case law include the parental capacity of both parents, their ability to communicate and cooperate on matters concerning the child, the geographical situation, previous care, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; mediation by third parties likewise does not preclude alternating custody.

Particularly important: A parent’s mere resistance to shared custody does not by itself prove a lack of willingness to cooperate. What matters 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 merely find that a conflict exists, but should examine its concrete manifestations, causes and effects on the child.

That a parent impedes communication, withholds information or blocks caregiving arrangements must be assessed gender-neutrally. Such behaviours can be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Assertions must refer to concrete, verifiable events.

For a balanced decision, therefore, it is necessary to compare what childcare each parent can actually provide, how transfers are organised, how school and medical matters are coordinated, and which solution will give the child long-term stability and viable relationships with both parents.

Case law:BGE 142 III 612; BGE 142 III 617; Bundesgericht 5A_748/2022 of 9 February 2023; 5A_195/2024 of 9 October 2024; 5A_102/2025 of 20 March 2026.

Editorial specialist article. Not individual legal advice. Before publication, the status of legislation and case law and the sources must be checked again.