When a phased expansion of care can be appropriate
Alternating custody is not automatic in Switzerland and is not a privilege of one parent. The decisive factor is the child’s best interests. If a parent or the child requests shared custody 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 Court’s case law include the parental capacity of both parents, their ability to communicate and cooperate in matters concerning the child, the geographical situation, previous 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 exclude alternating custody.
Particularly important: The mere resistance of one parent to shared custody does not by itself prove a lack of ability to cooperate. What is decisive is whether a serious parental conflict also affects other matters concerning the child in such a way that the custody arrangement clearly burdens the child. Therefore, a court should not only find that a conflict exists, but examine its concrete manifestations, causes and effects on the child.
That a parent impedes communication, withholds information or blocks care arrangements must be assessed without reference 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 linked to concrete, verifiable events.
For a balanced decision, it is therefore necessary to compare which caregiving services both parents can actually provide, how transfers are organized, how school and medical matters are coordinated, and which solution offers 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 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. Before publication, the statutory and case-law status and sources must be checked again.