How do I get alternate custody of a child?
Verified 13 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You are parents, you separate and you want to know how to get alternate care for your children? We explain the opportunities that are available to you.
Alternate custody or alternate residence is the fact for your child to spend the same amount of time, at each of your homes (for example, one week at home, one week at home).
Alternate care requires good organization in practical terms and is only possible if it does not complicate your child's daily life too much. She assumes you live close to each otherespecially so that your child can stay in the same school all year round, without suffering excessive travel times.
The choice has to be made according to the best interests of the child and the family situation. That is why the residence time of the child in the home of each parent is not necessarily identical, but fair.
FYI
Alternate custody involves capacity for agreement and good communication between parents.
Alternate residence does not preclude payment of a maintenance when there is a significant gap between your income and this assistance is necessary for the maintenance and education of the child.
When you separate, you have to organize the child's life and to agree on residence. You can decide on alternate custody.
The procedure differs depending on whether you agree or disagree.
FYI
You have the option to use the family mediation to reach an agreement.
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Parental agreement
The child's residence is chosen amiably between you.
It is best to set the conditions of alternate custody in writing, in an agreement signed by you (the 2 parents).
If you were married and you divorce by mutual consent, the agreement you have reached must appear in the divorce agreement written by your lawyers.
In other cases (ex-relatives, ex-concubines, married parents separating but not starting divorce proceedings)), you can write a parental agreement using the following form:
Model parental agreement - Alternate residence
You can apply to the Family Court Judge by joint application to to have this convention approved using the following form:
Joint request for the approval of a parental agreement
Certification is advisable to give effect to your parental agreement.
You must send or file the Parental Sharing Custody Agreement and the joint application for registration to the court of the domicile of either parent.
Who shall I contact
Parents disagree
If you cannot agree on alternate custody, you must refer the matter to the Family Court (Jaf). He decide according to the best interests of the child.
If you were married and you started a marriage procedure contentious divorce, you can request alternate custody at the orientation hearing and on interim measures. In that case you must get a lawyer.
Who shall I contact
In other cases (ex-passers, ex-concubines, married parents separating but not starting divorce proceedings), you can enter the Jaf: titleContent using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
You must send or submit the request to the Jaf: titleContent of the court of law the place of residence of the parent with whom the children reside.
Who shall I contact
The lawyer's not not obligatory for this procedure. But if you wish, you can take one.
Who shall I contact
Then you're called to a hearing following which a judgment is given.
You can ask to change your guard mode for alternate custody.
To do this, you must live close to each otherespecially so that your child can stay in the same school all year round, without suffering excessive travel times. This change of guard also requires that you have good practical organization and good communication between yourself.
The choice must be made according to the best interests of your child and your family situation.
The procedure differs depending on whether you agree or disagree.
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Parental agreement
Changing custody and opting for alternate custody is done amicable between you.
If you reach an agreement, it is it is preferable to lay down the conditions for alternate custody in writing, in an agreement signed by you (the 2 parents).
You can write a parental agreement using the following form:
Model parental agreement - Alternate residence
You can apply to the Family Court Judge by joint application to to have this convention approved using the following form:
Joint request for the approval of a parental agreement
Certification is advisable to give enforceability at your parental agreement.
You must send or file the Parental Sharing Custody Agreement and the joint application for registration to the court of the domicile of either parent.
Who shall I contact
The lawyer's not not obligatory for this procedure. But if you wish, you can take one.
Who shall I contact
FYI
You have the option to use the family mediation to reach an agreement.
Parents disagree
If one of you asks for alternate custody and the other one objects, it's the Family Judge (Jaf) who decide according to the best interests of the child.
Before that, you have the option of using the family mediation to reach an agreement.
If there is no agreement, you can enter the Jaf using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
Warning
You have to justify new circumstances to bring an application for alternate custody before the Jaf where a custody mode has already been established in a judgment, divorce agreement or registered parental agreement. For example: you have moved closer to the other parent's home and/or your child has indicated that he or she would prefer to live alternately.
You must send or submit the request to Jaf at court of the place of residence of the parent with whom the children reside.
Who shall I contact
The lawyer's not not obligatory for this procedure. But if you wish, you can take one.
Who shall I contact
Then you're called to a hearing following which a judgment is given.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
Alternate residence and intervention of the judge in family matters
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