Social environment and alternating residence model
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, in cases of joint parental custody, requests shared care, the court must examine its feasibility based on the specific circumstances.
Recurring criteria in the Federal Court's case law 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; mediation through third parties does not preclude shared custody.
Particularly important: The mere opposition of one parent to shared custody does not, by itself, prove a lack of ability to cooperate. What is decisive is whether a serious parental conflict also affects other matters concerning the child in such a way that the custody arrangement obviously burdens the child. Therefore, a court should not only find that a conflict exists, but should examine its concrete form, causes and effects on the child.
That a parent impedes communication, withholds information or obstructs caregiving 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 linked to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which caregiving each parent can actually provide, how handovers are organised, how school and medical matters are coordinated, and which solution enables the child long-term stability and sustainable 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 posts
Editorial specialist article. Not individual legal advice. Before publication, the status of laws and case law and the sources must be checked again.