Switzerland has made significant progress regarding shared parenting in recent years. Since 2014, joint custody has been the norm. Furthermore, the 2017 revision of maintenance law explicitly enshrined alternating custody in law.
Since then, the Federal Court has strengthened this form of childcare through several landmark rulings. The so-called school-level model, which defines the reasonable employment opportunities for custodial parents, has also changed the framework.
However, significant differences persist between legal developments and actual practice. While some courts actively promote shared custody, it is hardly considered elsewhere. For affected families, this creates a difficult-to-understand legal uncertainty.
Political initiatives should therefore ensure that joint childcare is given greater consideration as the preferred model in the future.
Parental alienation: Away from ideology, towards the affected children
Another focus of the presentation was the controversial discussion about parent-child alienation.
While some advocate for the concept to be enshrined in law, others fundamentally question its scientific basis. This debate is sometimes conducted with great intensity.
Hunziker argued for focusing more on the affected children and the concrete consequences of broken contacts.
Alienation processes can have various causes and manifest themselves in different ways. It is therefore crucial to carefully examine these causes and take the effects on children and parents seriously.
A factual discussion could not only help affected families, but also relieve the burden on experts, courts and authorities.
The Center for Separated Families: A New Approach
The Center for Separated Families (ZfiT) in Bern demonstrates that practical solutions are needed in addition to legal reforms
The idea originated during a round table organized by the umbrella organization GeCoBi with specialist organizations from various disciplines.
The scientifically monitored pilot project started in 2023. Parents are supported in jointly developing viable agreements on previously contentious issues concerning their children. These agreements can then be approved by a court.
The goal: Even after a separation, mothers and fathers should be able to share their parental responsibilities.
After the two-year pilot phase, the project was extended for another two years to gain additional experience and insights.
Progress is being made – but there is still much to be done
Developments in Switzerland show that persistent commitment pays off. Shared custody has gained legal significance, the discussion about parental alienation is receiving increasing attention, and innovative programs like the ZfiT are opening up new perspectives.
At the same time, the central challenge remains: Legal options must also reach the everyday lives of the affected families.
Because a separation ends the partnership – not the shared responsibility for the children.
This article is based on a presentation by Oliver Hunziker, President of the umbrella organization GeCoBi and Vice President of the International Council on Shared Parenting (ICSP), at the international ICSP conference in Lisbon. The statements reflect the state of affairs at the time of the presentation.