How to benefit from alternating custody for a child?
Verified 30 November 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
You are parents, you separate and you want to know how to benefit from alternative care for your children? We explain the opportunities that are available to you. You can choose this mode of amicable care. However, if you disagree or wish to change the conditions of alternate custody following a divorce already pronounced, you must bring the matter before the Family Court Judge (Jaf). He then decides on the new organization.
Warning
in order to benefit from alternative care, you must have parental authority (exercise of rights and duties towards your children).
Agreement
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Divorce by mutual consent
In this case, the choice of the child's residence is chosen amicably between you.
The agreement you have reached must be included in the divorce agreement, which is drafted by your lawyers and validated by a notary.
If you want to change the conditions of alternate custody after your divorce, you will need to get in touch with your lawyers to have the agreement amended and re-validated by a notary.
The following situations may have been agreed between you:
- An identical time, spent by the child, in each of you's homes (one week in one, one week in the other)
- A different time, spent by the child, at each of your homes (school days at home, one weekend out of two and half the holidays at home)
The choice must be made in the light of the best interests of the child and the family situation.
Alternate residence presupposes that the parents reside close to each other, in particular so that the child can stay in the same school all year round, without suffering excessive travel times.
Alternate residence does not preclude payment of a maintenance where there is a significant gap between the income of the parents, and where such assistance is necessary for the maintenance and upbringing of the child.
FYI
if you (as a parent) have at least 2 children dependent within the meaning of family benefits of which at least 1 in alternate residence, you can request the sharing of family allowances.
Separation of former or cohabiting parents
In this case, you must have parental authority, whether the child was acquired through recognition or adoption of the child for whom you are seeking custody.
The choice of the child's residence is made amicably between you. It is best to set the conditions of alternate custody in writing, in an agreement signed by you (the 2 parents).
However, if you wish, you can ask the Family Court Judge (Jaf) to validate your decision using the cerfa form n°11530.
Application to the family judge (parental authority, right of access, maintenance...)
Who shall I contact
The following situations may have been agreed between you:
- An identical time, spent by the child, in each of you's homes (one week in one, one week in the other)
- A different time, spent by the child, at each of your homes (school days at home, one weekend out of two and half the holidays at home)
The choice must be made in the light of the best interests of the child and the family situation.
Alternate residence presupposes that the parents reside close to each other, in particular so that the child can stay in the same school all year round, without suffering excessive travel times.
Alternate residence does not preclude payment of a maintenance where there is a significant gap between the income of the parents, and where such assistance is necessary for the maintenance and upbringing of the child.
FYI
if you (as a parent) have at least 2 children dependent within the meaning of family benefits of which at least 1 in alternate residence, you can request the sharing of family allowances.
Disagreement
In the case of divorce litigation (other than divorce by mutual consent), former cohabiting partners or ex-cohabiting partners, if you cannot reach an agreement, you will have to refer the matter to the Family Court Judge. It will decide on the organization of alternate custody in the best interests of the child.
If you disagree on alternate custody, you cannot divorce by mutual consent. You will also have to initiate divorce proceedings before the court
This entry (request) can be made using the form cerfa n°11530.
Application to the family judge (parental authority, right of access, maintenance...)
Who shall I contact
The judge may order, on a temporary basis (temporarily), an alternating residence, the duration of which he determines. At the end of this period, the judge will decide definitively on the conditions of residence in the best interests of the child.
The following situations may have been agreed between you:
- An identical time, spent by the child, in each of you's homes (one week in one, one week in the other)
- A different time, spent by the child, at each of your homes (school days at home, one weekend out of two and half the holidays at home)
The choice must be made in the light of the best interests of the child and the family situation.
Alternate residence presupposes that the parents reside close to each other, in particular so that the child can stay in the same school all year round, without suffering excessive travel times.
Alternate residence does not preclude payment of a maintenance where there is a significant gap between the income of the parents, and where such assistance is necessary for the maintenance and upbringing of the child.
FYI
if you (as a parent) have at least 2 children dependent within the meaning of family benefits of which at least 1 in alternate residence, you can request the sharing of family allowances.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Intervention of the family judge (Rule 373-2-9)