Correctly classifying unilateral refusal to communicate
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 the case of joint parental authority, the court must examine its feasibility on the basis of the concrete 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, stability, the child’s age, sibling relationships and the social environment. Communication can also be in writing; mediation by third parties does not preclude alternating custody.
Particularly important: A parent's mere resistance to shared 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 clearly burdens the child. Therefore, a court should not only establish that a conflict exists, but should examine its concrete manifestations, causes and effects on the child.
That a parent impedes communication, withholds information or blocks caregiving arrangements must be assessed in a gender-neutral manner. Such behaviours may be relevant to the prognosis, but must not be attributed categorically to the mother or to the father. Statements must be tied to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare the caregiving each parent can actually provide, how handovers are organized, 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. Before publication, the statutory and case-law status and the sources must be checked again.