Alternating residence at the homes of both parents

par | Juil 3, 2025 | General ENGLISH

Alternating residence, which involves the child spending time at each parent’s home on an alternating basis, is an option provided for in the Civil Code.

This type of residence is not automatic and its implementation depends on various criteria, which are always examined in the best interests of the child.

General principles and legal basis

Article 373-2-9 of the Civil Code provides that “the residence of the child may be established alternately at the home of each parent or at the home of one of them.”

This provision gives the judge the discretion to order alternating residence, without making it a general rule or principle.

Legal and case law criteria

In order to determine the residence of a child alternating between the homes of both parents, several criteria are taken into account by the judge, in accordance with Article 373-2-11 of the Civil Code.

These criteria include, in particular:

    1. The geographical proximity of the parents’ homes: Alternating residence requires that the homes of both parents be close enough to allow the child to maintain a stable lifestyle, particularly with regard to schooling and extracurricular activities.
    2. The educational and emotional qualities of the parents: Each parent must demonstrate their ability to assume their parental responsibilities and provide an educational and emotional environment suitable for the child.
    3. The age and maturity of the child: Alternating residence is generally considered unsuitable for very young children (under the age of three) due to their need for stability and continuity with their primary attachment figure.
    4. The child’s stability and routine: The judge assesses whether alternating residence is compatible with the child’s need for stability, avoiding, for example, chaotic routines or tiring travel.
    5. Parental agreement and the ability of the parents to communicate: Good cooperation between the parents is essential for the success of alternating residence. Exacerbated parental conflict can be a serious obstacle to its implementation.
    6. The wishes expressed by the child: When the child is old enough to express themselves, their opinion is taken into consideration in accordance with the provisions of Article 388-1 of the Civil Code.

Temporary alternating residence

The judge may also establish alternating residence on a temporary basis in order to assess its impact on the child and make a final decision at a later date.

This temporary measure may be ordered at the request of one parent or in the event of disagreement between them.

Exceptions and grounds for refusal

Alternating residence may be ruled out in certain cases, in particular where:

    • The parents’ homes are too far apart geographically,
    • One of the parents does not have adequate accommodation or is not available to care for the child,
    • The child is too young or is suffering psychological distress that is incompatible with a change of residence,
    • The parental conflicts are too significant and are detrimental to the child’s interests.

Conclusion

Alternating residence between the homes of both parents is considered when legal and case law criteria demonstrate that it is in the best interests of the child.

However, it remains a matter for the discretion of the judge, who takes into account the specific circumstances of each family situation.