Bill No. 1106 on the promotion and regulation of alternating residence for children of separated parents
Bill 1106, based on draft bill No. 261 received by the Prince's Government on 28 June 2024, was submitted during a public session of the National Council on 15 May 2025. This bill emphasizes the best interests of the child as defined by the New York Convention of 20 November 1989 on the rights of the child and by the case law of the European Court of Human Rights. As such, it provides that the guardianship judge may order alternating residence at the request of one of the parents or in the event of disagreement between them. As it currently stands, Article 303-3 of the Civil Code allows the guardianship judge to order alternating residence only with the agreement of both parents. This new prerogative given to the judge would therefore constitute an important and necessary step forward in preserving family ties and the well-being of children, who are often caught up in parental conflicts.
The current bill also provides that the judge may decide on alternating residence on a temporary basis for a period to be determined by him or her. No duration, even maximum, is currently provided for in the bill, the guardianship judge determining alone the duration of this temporary measure. A new hearing would then be scheduled at the end of this period in order to decide ‘definitively’, according to the text, on the arrangements for alternating residence. One may question this procedure, as it would lead to a new hearing and, consequently, the possibility of another change in the child's residence arrangements.
Would this really be in the best interests of the child?
It should be noted that French judges, although they have access to the same provisions, make very little use of this provisional period, fearing in particular that it would prolong the tensions inherent in legal proceedings and further burden the courts. The few French judges who do order it systematically accompany it with family mediation. In this context, it serves to promote cooperation between the parents and ease tensions.
It will therefore be necessary to remain attentive to the proposed amendments of the Committee on Women's Rights, Family and Equality, to which the bill has been referred.
