Mediation by third parties does not preclude shared guardianship

Placement by third parties does not exclude shared custody

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 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 the parenting ability of both parents, their ability to communicate and cooperate on matters concerning the child, the geographical situation, the 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: The mere resistance of one parent to shared custody does not by itself prove a lack of ability to cooperate. The decisive factor is whether a serious parental conflict also affects other child-related matters in such a way that the custody arrangement clearly burdens the child. Therefore, a court should not only establish that a conflict exists, but should investigate its concrete form, causes and effects on the child.

The fact that a parent impedes communication, withholds information or blocks childcare agreements must be assessed without regard to gender. Such behaviours may be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must be tied to concrete, verifiable events.

For a balanced decision, it is therefore necessary to compare what caregiving each parent can actually provide, how transfers are organised, how school 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; 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 checked again.