Organise handovers between two households in a child-friendly manner
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 the possibility of such care on the basis of the specific circumstances.
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 arrangements, stability, the child’s age, sibling relationships and the social environment. Communication may also be in writing; mediation by third parties likewise does not preclude alternating custody.
Particularly important: A parent's mere resistance to shared custody does not by itself prove a lack of cooperativeness. What matters 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 determine that a conflict exists, but investigate its concrete form, causes and effects on the child.
That a parent hinders communication, withholds information or blocks childcare arrangements must be assessed in a gender‑neutral manner. Such behaviours may be relevant to the prognosis, but must not be attributed categorically to either the mother or the father. Statements must be tied to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which care each parent can actually provide, how handovers are organised, how school and medical matters are coordinated, and which solution will give the child 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 reviewed again.