Following a 2014 case in Switzerland, its courts have moved towards making joint custody the legal default. This article explains what joint custody means in Swiss law, how it compares to the current practice in the UK, and what might happen if our courts adopted a similar model.
Following a 2014 case in Switzerland, its courts have moved towards making joint custody the legal default. This article explains what joint custody means in Swiss law, how it compares to the current practice in the UK, and what might happen if our courts adopted a similar model.
What is joint custody in the Swiss system?
Swiss law considers joint custody for the child as the standard for unmarried, separated or divorced couples. Under Swiss family law, joint custody typically divides into:
- Joint legal custody: both parents retain equal rights in major decisions such as healthcare, and education—akin to the UK’s parental responsibility.
- Joint physical custody: this alternates residence/shared parenting—the child lives with each parent on a largely equal basis, often alternating weeks or “blocks”.
Since July 2014, parental responsibility (joint legal custody) has been shared by both parents even after they have separated, with sole legal custody granted only in exceptional circumstances such as abuse or neglect. This is now a rare measure, as the Swiss legislator considers it more favourable for the child to maintain a relationship with both parents. Even after separation or divorce, and is only transferred to one parent if it is in the child’s best interest.
More recently, the Swiss Federal Assembly has proposed a Bill making alternating physical custody the norm. This marks a shift from the previous position where the mother was predominantly awarded sole physical custody. The Bill will return to the Swiss parliament at the end of the year following the end of the consultation in October.
Could the UK do the same?
Currently in England and Wales, shared care of a child/children does not necessarily mean equal time. The child’s time with each parent may be unbalanced, and the court will always assess each case on what is in the best interests of the child with no presumption of 50/50 time.
Moving the UK towards a presumption of 50/50 living time—like the Swiss model—would require legislative reform, clear guidance to family courts, and a shift in judicial practice in order to align with a joint custody presumption. If the change were made, this would mean that judges would need to presume alternating residence unless strong evidence suggested there should only be sole custody.
Why Switzerland’s model could appeal in the UK
Most parents have the best interests of their child at heart, but sometimes feelings of ill-will surrounding the divorce may creep in. If joint custody is to be a success, parents must be educated in how it can benefit their children:
- Better outcomes for children: Studies have shown that children in shared residency situations fare better in physical health, psychological wellbeing, behaviour, and social relationships compared to those who only live with one parent. The Swiss model prioritises child welfare and balanced time with both parents.
- Parental equality and involvement: Swiss reforms gave fathers automatic joint legal custody, which addressed long-standing imbalances there. A similar shift in the UK would help to reinforce parental equality and support fathers’ involvement following separation.
- Flexibility with oversight: Swiss courts evaluate joint custody by assessing co-operation, stability, distance, and parental capacity. They also have the discretion to modify custody if circumstances change, or grant sole custody if joint parenting is not in the child’s best interests.
What are the challenges and risks for the UK adopting this position?
Separation and divorce are, by nature, acrimonious, and a joint custody arrangement requires parental co-operation and communication on both sides. A move towards this regime would also require parental education if they are to avoid the obvious pitfalls:
- Parental conflict and communication: Swiss joint custody presumes parents can co-operate effectively. In high-conflict cases, such as neglect or domestic abuse, shared parenting could be harmful. The UK courts would face similar dilemmas, although the Swiss courts can still grant sole custody when warranted.
- Financial and logistical burdens: Alternating residence often reduces child maintenance or redistributes financial responsibilities. There are critics in Switzerland who argue that such models can disadvantage women financially, particularly where traditional roles remain prominent. If the UK were to adopt such a policy, it would have to address support systems, housing stability, and transport between homes.
- Social infrastructure: Swiss families benefit from strong childcare systems and more flexible labour markets. UK implementation would need additional support in relation to childcare provision, and schooling logistics as a minimum. In addition, the distance between parents’ homes is a key factor in suitability for a joint custody arrangement.
What are the potential benefits of a presumption of joint custody in the UK?
As we have seen, in most cases, children benefit from having both parents in their lives. Further advantages include:
- Greater predictability and consistency for the child post-divorce
- Encourages shared decisions and reduces sole-decision making burdens
- Signals gender neutrality in custody, reflecting modern family dynamics
- Supports child-centred outcomes with equal time where possible
When implemented, joint custody can foster a stable and balanced upbringing. Children will retain continuous relationships with both parents, which ensures their welfare is placed above parental convenience or traditional roles.
When joint custody may not be appropriate
Swiss law allows for refusal of joint custody and can award sole custody to one parent if it believes this is justified in order to safeguard the child. The following situations are likely to warrant sole custody:
- Cases involving domestic abuse, substance abuse or neglect
- Where parents live far away from one another, making shared care unworkable
- High-conflict or unwillingness to co-operate between the parents
- Younger children or those with additional needs may do better with one primary base
Is Switzerland’s plan the future for the UK?
Switzerland’s bold move towards a first presumption of joint custody and promoting alternating residence represents a progressive shift in family law. It is centred on child welfare, shared parenting and equality of roles. Adopting a similar regime in the UK would require legislative change, infrastructure support, and co-operation between separated couples—which can often be in short supply when relationships breakdown.
Ultimately, while not a one-size-fits-all solution, the Swiss model could offer a blueprint for modernising family law. Although this would need to be done incrementally, with child welfare at its core.
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