What role the distance between the parents' residences plays

What role the distance between the parents' residences plays

Alternating custody is not automatic in Switzerland and is not a privilege of one parent. What matters is the child's best interests. If a parent or the child requests shared care in the case of joint parental authority, the court must examine its feasibility on the basis of the concrete 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 matters concerning the child, the geographical situation, prior care, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; mediation by third parties does not preclude alternating custody.

Particularly important: A parent's mere opposition to shared custody does not by itself 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 merely establish that a conflict exists, but should examine its concrete form, causes and effects on the child.

That a parent obstructs communication, withholds information or blocks caregiving arrangements must be assessed without regard to gender. Such behaviors may be relevant to the prognosis but must not be attributed categorically to the mother or the father. Statements must be tied to specific, verifiable occurrences.

For a balanced decision, it is therefore necessary to compare which caregiving services each parent can actually provide, how transfers are organized, how school and medical issues are coordinated, and which solution will offer 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. Prior to publication, the statutory and case-law status and sources must be checked again.