Holidays and public holidays in shared custody
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 custody in cases 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 parenting capacity 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 can also take place in writing; mediation by third parties does not preclude alternating custody.
Especially important: The mere resistance of one parent to shared custody does not, by itself, prove a lack of cooperative capacity. What matters is whether a serious parental conflict also affects other child-related matters in such a way that the custody arrangement clearly burdens the child. Therefore, a court should not only establish that a conflict exists, but should investigate its specific manifestations, causes and effects on the child.
That a parent impedes communication, withholds information or obstructs 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 be tied to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which caregiving tasks each parent can actually perform, 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 state of legislation and case law and the sources must be checked again.