Equal parenting after separation
Alternating custody is not automatic in Switzerland and not a privilege of one parent. The child's welfare is decisive. If one parent or the child requests shared custody in a situation of joint parental authority, the court must examine its feasibility in light of the concrete circumstances.
Recurring criteria in Federal Court jurisprudence include the parenting capacity of both parents, their ability to communicate and cooperate in matters relating to the child, the geographic situation, prior custody arrangements, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; mediation through third parties likewise does not preclude joint custody in alternation.
Particularly important: The mere resistance of one parent to joint 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 in such a way that the custody arrangement obviously burdens the child. Therefore, a court should not only establish that a conflict exists, but examine its concrete form, causes and effects on the child.
That a parent hinders communication, withholds information or obstructs caregiving arrangements must be assessed without regard to gender. Such behaviors may be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must be linked to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which caregiving each parent can actually provide, how handovers are organised, how school and medical matters are coordinated, and which solution will offer the child 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. Februar 2023; 5A_195/2024 of 9. Oktober 2024; 5A_102/2025 of 20. März 2026.
Further posts
Editorial specialist contribution. Not individual legal advice. Prior to publication, the status of statutes and case law and the sources must be checked again.