Care shares do not have to be exactly fifty-fifty

Care shares do not have to be exactly fifty-fifty

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 custody in the case of joint parental authority, the court must examine its feasibility based on the concrete circumstances.

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

Especially important: The mere opposition of one parent to shared custody does not, by itself, prove a lack of cooperative ability. 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 also investigate its concrete manifestations, causes and effects on the child.

That a parent impedes communication, withholds information or blocks care arrangements must be assessed in a gender-neutral manner. Such behaviours can be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must refer to concrete, verifiable incidents.

For a balanced decision it is therefore necessary to compare which care each parent can actually provide, how handovers are organized, how school and medical matters are coordinated, and which solution offers the child 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. Prior to publication, the status of legislation and case law as well as the sources must be checked again.