Alternating custody of children, access to separated parents: how to do in a period of confinement?

Travel

Movements between the homes of each parent are possible and fall within the scope of the travel waivers provided for. You must complete the travel document by checking the box

Travel for compelling family reasons, for assistance to vulnerable persons or for child care

and be in possession of the identity documents and possibly the judgment providing for your rights.

However, the right of access and accommodation must be exercised in accordance with the health instructions:

• limiting the child's movement, particularly over long distances;
• prevent the child from taking public transport from one parent's home to another;
• prevent the child from being in contact with vulnerable persons;
• prevent the child from meeting people with symptoms of COVID-19.

The accommodation

Parents may agree to temporarily change their organization to limit changes in the child's residence and to comply with health requirements in the child's best interests. For example, a residence that alternates each week may be temporarily replaced by a fifteen-monthly period.

In the absence of agreement between the parents, the right of custody provided for in the judgment shall apply.

Using a mediator can help you reach an agreement for the lockdown period. Some family mediation services continue to offer assistance by telephone or videoconference, as well as mediation law firms.

It is forbidden to refuse without legitimate reason to hand over a minor child to the person who has the right to see it. It is an offense punishable by one year imprisonment and €15,000 of fine.

However, this refusal may be justified to comply with current health guidelines, for example:

• whether the distance between the two parents is significant and requires the child to be moved for a long journey by public transport;
• if either parent or child has symptoms;
• if a sick person lives in the home of one of the parents.

If you believe that the refusal is not justified by the respect of the health instructions, you can file a complaint after the lockdown period.

If you have information that allows you to believe that your child is in physical or moral danger (abuse, death threats, physical or psychological violence), you can refer the matter to the children's judge.