Messaging apps, email and parent platforms as communication channels
Alternating custody is not automatic in Switzerland and is not a privilege of either parent. The child's welfare is decisive. If a parent or the child requests shared custody in the case of joint parental authority, the court must examine its feasibility in light of the concrete circumstances.
Recurring criteria in the case law of the Federal Supreme Court include the parenting capability of both parents, their ability to communicate and cooperate on child-related matters, the geographical situation, previous care, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; third‑party mediation likewise does not preclude alternating custody.
Particularly important: A parent's mere opposition to shared custody does not by itself prove a lack of willingness to cooperate. What matters 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 only determine that a conflict exists, but also 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 for 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 exchanges are organised, how school and medical matters are coordinated, and which solution will enable the child to have 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 status of legislation and case law and the sources must be checked again.