Facts
The case concerns the divorce of spouses A.A. and B.A. and the regulation of the ancillary consequences, in particular the custody of the common children C.A. and D.A. as well as the allocation of the old-age and survivors' insurance (AHV) child-rearing credits.
The civil court had left the parental responsibility with the parties jointly, but assigned custody to the mother (B.A.). The father (A.A.) was granted extensive visitation rights. The Cantonal Court confirmed this arrangement, but rejected the father's requests for an order of alternating custody and equal allocation of the child-rearing credits.
The father appealed this judgment to the Federal Supreme Court. He demanded the order of alternating custody, the extension of his care periods, and the equal allocation of the child-rearing credits.
Considerations
The Federal Supreme Court partially upheld the appeal
On the one hand, it held that the order or designation of the care arrangement as "alternating custody" is appropriate in the present case, as the parties are approximately equally involved in the care of the children according to the findings of the Cantonal Court. The Cantonal Court must therefore order the care arrangement as "alternating custody" in the…