On April 20, the Federal Court made a groundbreaking decision in favor of alternating custody.
The real credit goes to the Basel Cantonal Court, which made the substantive decision. However, the Federal Court supported the decision and thereby underlined its correctness.
BGer decision 5A_888 2016 is about whether alternating custody can also be ordered against the will of a parent.
The considerations of the cantonal court are particularly important.
For example, the recitals say:
“Rather, according to the current state of social science research, children who do not have to choose between mother and father would suffer less from loyalty conflicts, fear of loss and feelings of abandonment and rejection.
More time together with both parents in alternating care leads to a closer
emotional parent-child relationship and an improved relationship between the child and both parents. In any case, a better or closer relationship between the child and the father does not come at the expense of the relationship with the mother.”
or
“There are no reasons against looking after your paternal grandparents one day during the week”
or
“There are no findings that children in the residency model are supposed to be healthier”
Further
“The age of the child does not speak against this either, especially since small children in alternating care could easily be cared for with the same care shares. The importance of regular contact with both parents is particularly important with small children.”
And again:
“Since the risk of poverty for single parents is particularly high, alternating care results in an overall economic advantage for the family, but also for the economy.
An improvement in the family’s financial circumstances also benefits the child.”
And finally:
“However, just from the fact that one parent opposes alternating custody, it cannot easily be concluded that the parents lack the ability to cooperate, which stands in the way of alternating custody.”