Written communication may suffice for cooperation
Alternating custody is not automatic in Switzerland nor a privilege of one parent. The child's best interests are decisive. If a parent or the child requests shared care in cases of joint parental custody, 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 in matters concerning the child, the geographical situation, previous care arrangements, stability, the child’s age, sibling relationships and the social environment. Communication can also take place in writing; mediation through third parties does not preclude alternating custody.
Particularly important: The mere resistance of one parent to shared custody does not, by itself, prove an inability 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 obviously burdens the child. Therefore, a court should not only establish that a conflict exists, but should examine its specific manifestation, causes and effects on the child.
That a parent impedes communication, withholds information or blocks childcare arrangements must be assessed without gender bias. Such behaviors can be relevant to the prognosis, but must not be attributed categorically to either the mother or the father. Statements must be tied to specific, 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 Tribunal 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 laws and case law and the sources must be checked again.