Sibling relationships and shared custody
Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The decisive factor is the child's best interests. If a parent or the child requests shared care in cases of joint parental custody, the court must examine its feasibility based on the specific circumstances.
Recurring criteria in the Federal Supreme Court’s case law include both parents’ capacity to parent, 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; mediation through third parties does not preclude alternating custody.
Particularly important: The mere resistance of one parent to shared custody does not, by itself, prove a lack of ability to cooperate. Decisive is whether a serious parental conflict also encompasses other child-related concerns to such an extent that the custody arrangement obviously burdens the child. Therefore, a court should not only find that a conflict exists, but examine its concrete manifestations, causes and effects on the child.
That a parent impedes communication, withholds information or blocks caregiving arrangements must be assessed without regard to gender. Such behaviours may be relevant to the prognosis, but must not be attributed wholesale to the mother or the father. Statements must be linked to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which care each parent can actually provide, how handovers are organized, 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.
Further articles
Editorial specialist article. Not individual legal advice. Prior to publication, the status of legislation and case law and the sources must be checked again.