Information obligations in joint custody
Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The determining factor is the child's best interests. If a parent or the child requests shared care in the case of joint parental custody, the court must examine its feasibility based on the specific circumstances.
Recurring criteria in the Federal Court's case law include the parenting capacity of both parents, their ability to communicate and cooperate on child-related matters, the geographical situation, the prior care arrangements, stability, the child’s age, sibling relationships and the social environment. Communication can also take place in writing; mediation through third parties does not preclude alternating custody.
Particularly important: The mere opposition of one parent to shared custody does not, by itself, prove a lack of ability to cooperate. 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 determine that a conflict exists, but should examine its specific form, causes and effects on the child.
That a parent obstructs communication, withholds information or blocks 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 connected to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which caregiving services each parent can actually provide, how handovers are organised, 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; Federal Tribunal 5A_748/2022 of 9 February 2023; 5A_195/2024 of 9 October 2024; 5A_102/2025 of 20 March 2026.
Further posts
Editorial specialist article. Not individual legal advice. Prior to publication, the status of legislation and case law and the sources must be checked again.