Facts
A.A. (born 1964; appellant) and B.A. (born 1984; respondent) married in 2009 and have two children together, C.A. (born 2009) and D.A. (born 2013). They have been living separately for some time. On May 13, 2022, the District Court of Zurich dissolved the marriage and approved a partial agreement of the parties, according to which the custody of the children was transferred to both parents with alternating care. However, the court transferred sole parental responsibility to B.A.
A.A. appealed against this order of sole parental responsibility. The High Court of the Canton of Zurich dismissed the appeal. A.A. then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the order of sole parental responsibility for B.A. It stated that joint parental responsibility of the father and mother also forms the principle in the context of divorce, from which may only be deviated from exceptionally if another solution better safeguards the child's well-being.
Since custody of the children with alternating care was jointly transferred to the parents, it is unlawful to nevertheless not leave…