Age of the child in alternating custody
Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The child's welfare is decisive. If a parent or the child requests shared custody where there is joint parental authority, the court must examine its feasibility based on 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 on child-related matters, the geographic situation, the previous care, stability, the child's age, sibling relationships and the social environment. Communication can also take place in writing; third-party mediation likewise does not exclude alternating custody.
Particularly important: A parent's mere resistance to shared custody alone does not prove a lack of ability to cooperate. What matters is whether a serious parental conflict also affects other child-related matters to such an extent that the custody arrangement clearly burdens the child. Therefore, a court should not only determine that a conflict exists, but should examine its concrete form, causes and effects on the child.
That a parent makes communication difficult, withholds information or obstructs care arrangements must be assessed in a gender-neutral manner. Such behaviour may be relevant for the prognosis, but must not be attributed categorically 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 organised, how schooling and medical matters are coordinated, and which solution will give the child 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.