Separation of a same-sex couple, what place for the one who is not the child's parent?

In a first judgment of 26 June 2019, a past couple separated, the former Civil partnerships' partner was denied alternate residence and the right of access and accommodation requested for the six-month-old child, on the grounds that the latter had not had time to establish sufficient emotional ties with the partner because of his or her age and that the situation of conflict between the two women could cause him or her suffering.

In a second stop on the same day, a married couple separated. The ex-wife is denied access and accommodation for the two-year-old child, since no adoption procedure has been initiated during the two-year period. Nor did she assume the child's daily life during this period, nor did she establish sufficient emotional ties. In this context, the maintenance of relations may also place the child in a situation of conflict of loyalty contrary to his or her interests, given the conflicts between the two women.

The Court of Cassation recalls that, in both situations, even if the relatives have lived in a stable manner with each of the children and provided for their maintenance and education, they cannot have a right in a context unfavorable to the development of the child.