Federal Court 5A_102/2025: Overview of the Criteria
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 specific circumstances.
Recurring criteria in the Federal Supreme Court's case law include the parental capacity of both parents, their ability to communicate and cooperate in matters concerning the child, the geographical situation, the previous care arrangements, 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: the mere resistance of one parent to shared custody does not by itself prove an inability to cooperate. What matters is whether a serious parental conflict also affects other child-related matters to such an extent that the custody arrangement clearly burdens the child. Therefore a court should not merely establish that a conflict exists, but examine its concrete manifestations, causes and effects on the child.
That a parent impedes communication, withholds information or obstructs caregiving arrangements must be assessed without regard to gender. Such behaviours may be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Assertions must be linked to concrete, verifiable incidents.
For a balanced decision, it is therefore necessary to compare the custodial care that 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 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 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.