What is shared residence?
Alternating residence (résidence alternée, commonly called garde alternée) is an arrangement in which the child lives alternately with each parent, usually one week in two.
Favourable conditions
Before granting alternating residence, the judge examines several factors:
- How close the two parents' homes are
- The child's age and ability to adapt
- The quality of the relationship between the parents and their ability to communicate
- The child's wishes, if old enough to express them
Impact on child support
Alternating residence does not automatically remove child support (pension alimentaire). If the parents' incomes are significantly different, the judge may set a contribution to balance the costs of raising the child.
How is alternating residence decided?
By agreement between the parents
The parents can agree on alternating residence together and submit their agreement to the family court judge (juge aux affaires familiales) for approval. This is the fastest and least contentious route.
By decision of the judge
If the parents disagree, the family court judge decides on the basis of the best interests of the child. The judge may order alternating residence even if one parent objects, provided the conditions are met.
Points to watch
- Alternating residence requires good communication between the parents on school, medical and everyday matters.
- A stable and suitable home on each side is essential for the child's well-being.
- The arrangement can be reviewed at any time if circumstances change significantly.
Maître Durbec assists her clients in proceedings concerning children's residence, whether negotiating an amicable agreement or defending your interests before the family court judge.