What a child-welfare-related prognosis requires
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 custody in the context of joint parental authority, the court must examine its feasibility based on 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, the previous care arrangements, stability, the child's age, sibling relationships and the social environment. Communication can also take place in writing; mediation by third parties does not preclude alternating custody.
Particularly important: A parent's mere resistance to shared custody does not by itself prove a lack of ability to cooperate. What matters is whether a severe 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 manifestations, causes and effects on the child.
That a parent impedes communication, withholds information or obstructs care arrangements must be assessed in a gender-neutral manner. Such behaviours can be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must be linked to concrete, verifiable incidents.
For a balanced decision, it is therefore necessary to compare what caregiving both parents can actually provide, how handover arrangements are organised, how school and medical matters are coordinated, and which solution will provide the child with 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.
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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.