What BGE 142 III 617 says about shared 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 in cases 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 ability of both parents, their ability to communicate and cooperate on child-related matters, the geographical situation, previous caregiving, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; mediation by third parties likewise does not preclude alternating custody.
Particularly important: The mere opposition of one parent to shared custody does not in itself prove an inability to cooperate. What is decisive is whether a serious parental conflict also affects other child-related matters in such a way that the custody arrangement obviously burdens the child. Therefore, a court should not merely establish that a conflict exists, but should examine its concrete manifestations, causes and effects on the child.
That a parent hinders communication, withholds information or blocks childcare arrangements must be assessed gender-neutrally. Such behaviors can be relevant to the prognosis, but must not be attributed categorically to the mother or to the father. Statements must refer to concrete, verifiable incidents.
For a balanced decision, it is therefore necessary to compare which care each parent can actually provide, how handovers are organised, how school and medical matters are coordinated, and which solution will provide the child with 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 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.