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Federal Supreme Court 5A_991/2015: Opposition is not a veto right

Federal Supreme Court 5A_991/2015: Objection is not a veto: neutral expert analysis of Swiss family and procedural law with focus on criteria, evidence, the child's best interests and fair proceedings.

Sun Sep 13
Source
01
BGE 142 III 612 ↗

09/13/2026, 07:46:33 PM · Europe/Zurich · indexed

02
5A_748/2022 ↗

09/13/2026, 07:46:33 PM · Europe/Zurich · indexed

03
5A_102/2025 ↗

09/13/2026, 07:46:33 PM · Europe/Zurich · indexed

Federal Supreme Court 5A_991/2015: Resistance is not a right of veto

Alternating custody is neither automatic in Switzerland nor a privilege of one parent. The child’s welfare is decisive. If a parent or the child requests shared care in cases of joint parental custody, the court must examine its feasibility based on the concrete circumstances.

Recurring criteria in Federal Court case law include the parental capacity of both parents, their ability to communicate and cooperate in matters concerning the child, the geographic situation, the previous caregiving, stability, the child’s age, sibling relationships and the social environment. Communication can also take place in writing; third‑party mediation 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 encompasses other child-related matters to such an extent that the custody arrangement clearly burdens the child. Therefore a court should not merely determine that a conflict exists, but should examine its concrete manifestation, causes and effects on the child.

That a parent impedes communication, withholds information or blocks childcare arrangements must be assessed without regard to gender. Such behaviors can be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must be connected to concrete, verifiable incidents.

For a balanced decision, it is therefore necessary to compare which caregiving contributions both parents 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; Bundesgericht 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. Before publication, the status of statutes and case law and the sources must be checked again.

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