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Law Blog

When courts must consider alternating custody

When courts must examine alternating custody: neutral expert analysis of Swiss family and procedural law with a focus on criteria, evidence, the child’s best interests and fair procedures.

Sun Sep 13
Source
01
BGE 142 III 612 ↗

09/13/2026, 07:46:33 PM · Europe/Zurich · indexed

02
5A_748/2022 ↗

09/13/2026, 07:46:33 PM · Europe/Zurich · indexed

03
5A_102/2025 ↗

09/13/2026, 07:46:33 PM · Europe/Zurich · indexed

04
Aktenchronologie Ferienregelung 2026 · Mai–August 2026

09/13/2026, 02:46:58 PM · Europe/Zurich · indexed · Mon Aug 03 · SHA-256 cf5265294762249e…

When courts must examine alternating 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 custody in cases of joint parental authority, the court must examine the possibility of such an arrangement based on the concrete circumstances.

Recurring criteria in the Federal Court’s case law include both parents’ aptitude for parenting, their ability to communicate and cooperate on child-related matters, the geographic situation, previous care arrangements, stability, the child’s age, sibling relationships and the social environment. Communication may also take place in writing; mediation through third parties does not preclude alternating custody.

Of particular importance: A parent's mere resistance 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 to such an extent that the custody arrangement obviously burdens the child. Therefore, a court should not merely determine that a conflict exists, but should examine its concrete characteristics, causes and effects on the child.

That a parent impedes communication, withholds information or blocks caregiving arrangements 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 refer to concrete, verifiable events.

For a balanced decision, it is therefore necessary to compare the 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; 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 status of legislation and case law and the sources must be checked again.

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