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Law Blog

Why the objection of one parent is not sufficient

Why one parent's objection is not sufficient: 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

Why the objection of one parent is not sufficient

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 on the basis of the specific circumstances.

Recurring criteria in Federal Supreme Court case law include the child-rearing capability of both parents, their ability to communicate and cooperate in matters concerning the child, the geographical situation, the previous caregiving, 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 shared custody by alternation.

Particularly important: The mere opposition 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 child-related matters in such a way that the custody arrangement obviously burdens the child. Therefore, a court should not only determine that a conflict exists, but should investigate its concrete manifestations, causes and effects on the child.

That a parent impedes communication, withholds information or blocks caregiving arrangements must be assessed without gender bias. Such behaviors can be relevant to the prognosis, but must not be attributed categorically to the mother or the father. Statements must be linked to specific, verifiable incidents.

For a balanced decision it is therefore necessary to compare which parental care each parent can actually provide, how handovers are organised, 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; Federal Supreme Court 5A_748/2022 of 9 February 2023; 5A_195/2024 of 9 October 2024; 5A_102/2025 of 20 March 2026.

Further contributions

Editorial specialist article. Not individual legal advice. Prior to publication, the status of legislation and case law and the sources must be reviewed again.

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