Employment and actual availability of care
Alternating custody is not automatic in Switzerland nor a privilege of one parent. The decisive factor is the best interests of the child. If a parent or the child requests shared custody in the case of joint parental authority, the court must assess its feasibility based on the concrete 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, 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.
Particularly important: A parent's mere opposition to shared custody does not by itself prove an inability 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 only determine that a conflict exists, but should examine its concrete form, causes and effects on the child.
That a parent makes communication difficult, withholds information or blocks childcare arrangements must be assessed without regard to gender. Such behaviors may be relevant to the prognosis, but must not be attributed categorically to either the mother or the father. Statements must refer to specific, verifiable events.
For a balanced decision, it is therefore necessary to compare what childcare 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 viable 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.
Further articles
Editorial specialist article. Not individual legal advice. Prior to publication, the status of legislation and case law and the sources must be checked again.