How is the child's right of access and accommodation organized in practice?
Verified 16 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The right of access and/or accommodation shall be applied by separated or divorced parents as amicably established in a convention or by a court decision. However, the exercise of this right may raise questions of interpretation or practice. We are answering these questions.
The rules differ according to the days on which the right of access and accommodation is exercised.
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The right of access and accommodation is exercised on the 1st, 3rd and 5th weekends
The 1er weekend of the month starts on the 1ster Saturday of the month even if your right of visit and accommodation is exercised from Friday at the exit of the school.
Sometimes the parent entitled can have the child 2 consecutive weekends when there are 5 weekends in the month: the 5e weekend of the month and the 1ster the following weekend.
If the last day of the month is a Saturday, it is considered the last weekend of the month.
The right of access and accommodation is exercised on even or odd weekends
The calendar year is divided into 52 numbered weeks. Week 1 begins on the 1ster Monday of the year. The 1er the weekend of the year is an odd weekend.
The right of access and accommodation shall be exercised within one week
A day in the middle of the week can be scheduled in addition to the rights of visit and accommodation on weekends.
Where there is no provision in the judgment or agreement, your right shall be exercised upon graduation. It could be Tuesday evening to Wednesday evening, for example.
The week-end of the right of access and accommodation corresponds to Mother's Day or Father's Day
Judgment or convention may provide that your child should be at his mother's house for the weekend of Mother's Day and at his father's house for Father's Day.
If nothing is planned, it is customary that your child be at his mother's house on Mother's Day and vice versa on Father's Day, whatever the schedule of alternating weekends.
For same-parent families, the decision is made on a case-by-case basis.
If a public holiday or unemployed person falls before or after a weekend when you have your child and if nothing is specified in the judgment or decision convention, it is customary that this day is part of the weekend.
General case
Legal Feast | Date |
|---|---|
New Year's Day | Monday 1er january 2024 |
Easter Monday | Monday 1er april 2024 |
Labor Day | Wednesday 1er may 2024 |
Victory 1945 | Wednesday, May 8, 2024 |
Ascension | Thursday, May 9, 2024 |
Pentecost Monday | Monday, May 20, 2024 |
National Day | Sunday, July 14, 2024 |
Assumption | Thursday, August 15, 2024 |
All Saints' Day | Friday 1er november 2024 |
Armistice 1918 | Monday, November 11, 2024 |
Christmas | Wednesday, December 25, 2024 |
Alsace-Moselle
Legal Feast | Date |
|---|---|
New Year's Day | Monday 1er january 2024 |
Good Friday (in communes with a Protestant temple or mixed church) | Friday, March 29, 2024 |
Easter Monday | Monday 1er april 2024 |
Labor Day | Wednesday 1er may 2024 |
Victory 1945 | Wednesday, May 8, 2024 |
Ascension | Thursday, May 18, 2023 |
Pentecost Monday | Monday, May 20, 2024 |
National Day | Sunday, July 14, 2024 |
Assumption | Thursday, August 15, 2024 |
All Saints' Day | Friday 1er november 2024 |
Armistice 1918 | Monday, November 11, 2024 |
1er Christmas Day | Wednesday, December 25, 2024 |
2e Christmas Day | Thursday, December 26, 2024 |
Overseas
Legal Feast | Date |
|---|---|
New Year's Day | Monday 1er january 2024 |
Easter Monday | Monday 1er april 2024 |
Labor Day | Wednesday 1er may 2024 |
Victory 1945 | Wednesday, May 8, 2024 |
Ascension | Thursday, May 9, 2024 |
Pentecost Monday | Monday, May 20, 2024 |
National Day | Sunday, July 14, 2024 |
Assumption | Thursday, August 15, 2024 |
All Saints' Day | Friday 1er november 2024 |
Armistice 1918 | Monday, November 11, 2024 |
Christmas | Wednesday, December 25, 2024 |
In addition to national legal holidays, the day of commemoration of the abolition of slavery is a public holiday in the Drom: titleContent. The date varies by department, under the following conditions:
Dom concerned | Date |
|---|---|
Guadeloupe | May 27 |
Guiana | June 10 |
Martinique | May 22 |
Mayotte | April 27 |
Reunion | December 20 |
Saint Barthelemy | October 9 |
Saint Martin's Day | May 27 |
The exercise of the right of access and accommodation during school holidays is independent of the rules of alternating weekends: the weekend system no longer applies.
The school holidays start after the last course of the days indicated in the official calendar. The resumption of courses takes place in the morning of the days also indicated in the official calendar:
Know your department's school holiday calendar
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During the holidays of the school year
In case of alternate custody
If the judgment or convention there are no other provisions, the weeks are normally alternated.
The judgment or convention may provide for an alternation for the Christmas holidays: your child will spend these holidays one year out of 2 with you.
In case of access and accommodation
Judgment or convention can schedule alternating weeks (for example, the first week of the father's holiday in even years and the second week in odd years).
The first week of the holiday starts on the first day of the holiday indicated by the academy on which your child's establishment depends.
If the first day of the holiday is a Saturday, the parent exercising his right must have the child from Saturday until the following Saturday included. The transfer of residence (arm passage) takes place on Sunday. The other parent will exercise his right from Sunday to the following Sunday.
During the summer holidays
Whether you are in the situation of alternate care or of rights of access and accommodation, the period of summer school holidays is the subject of a special organization.
Judgment or convention may provide that each parent has custody of the child in one of the following ways:
- Half of school holidays
- July or August
- Alternating for 15 days (e.g. if the child is young).
The first week of summer holidays starts on the first day of the holiday indicated by the academy on which your child depends.
The holiday calendar is mandatory (not the weekend calendar). For example, your child must pass the 1er weekend with you, but this weekend is part of the holiday period assigned to the other parent. In this case, your child goes on holiday to this parent. You will exercise your right of visit and accommodation next weekend outside the holiday period.
You do not take into account the weekend calendar during the holiday period.
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