Joint custody and alternating custody are not the same
Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The best interests of the child are 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 the Federal Supreme Court’s case law include the parenting ability of both parents, their ability to communicate and cooperate in matters concerning the child, the geographical situation, the previous care arrangement, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; the involvement of third-party intermediaries does not preclude alternating custody.
Particularly important: The mere resistance of one parent to shared custody does not by itself prove a lack of willingness to cooperate. What is decisive is whether a serious parental conflict also affects other matters concerning the child to such an extent that the custody arrangement obviously burdens the child. Therefore, a court should not merely ascertain that a conflict exists, but should examine its concrete manifestations, causes and effects on the child.
That a parent hinders communication, withholds information or blocks care 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 tied to concrete, verifiable incidents.
For a balanced decision, it is therefore necessary to compare what care each parent can actually provide, how handovers are organised, how school and medical issues are coordinated, and which solution will provide the child with long-term stability and viable relationships with both parents.
Case law: BGE 142 III 612; BGE 142 III 617; Federal Supreme Court 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. Prior to publication, the status of legislation and case law and the sources must be checked again.