Bill No. 1106 on the Promotion and Regulation of Alternating Residence for Children of Separated Parents
Bill No. 1106, resulting from Proposal No. 261 received by the Prince’s Government on 28 June 2024, was adopted at a public session of the National Council on 18 June 2025.
Until now, Article 303-3 of the Civil Code only permitted the Guardianship Judge to set alternating residence at the homes of the father and mother if they agreed.
Bill No. 1106 represents a significant reform in this regard.
The new wording of Article 303-2 of the Civil Code now allows the Guardianship Judge to order alternating residence, either at the request of one of the parents or if they disagree about the arrangements for their children's residence.
Alternating residence may initially be set on a provisional basis for a period determined by the Guardianship Judge.
At the end of this probationary period, the Guardianship Judge will make a final decision on the alternating residence of the children.
This new prerogative granted to the Judge is an important step forward, supporting the preservation of family ties and the well-being of children, who are often caught up in parental conflicts.
The question now is how the Guardianship Judge will implement these new provisions.
