Child custody in France: shared residence and the judge's criteria

Every separation raises the same question: where does the child sleep, and on what rhythm? The law sets no default model, which leaves wide room for discussion. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

Child custody: what the Civil Code provides

Article 373-2-9 of the Civil Code offers two options: alternating residence at each parent's home, or residence with one parent and contact and staying rights for the other. Neither takes priority over the other.

French law in fact speaks of "residence", custody having left the statute book in 1987. Parental authority stays joint in almost every case, whatever residence the court chooses.

Alternating residence does not imply a strict split into equal weeks either. Parents organise the rhythm freely: one week out of two, two days then five, or a pattern shaped around working hours.

The criteria the judge examines

Article 373-2-11 lists what the family court judge takes into account. In practice, six elements carry the most weight:

• Past practice, meaning how the family actually organised itself before the separation.
• The views expressed by the child, according to age and maturity.
• Each parent's ability to play their part and to respect the other's rights.
• The distance between the two homes and the school, often decisive.
• The results of any expert reports and social enquiries ordered.
• Pressure or violence against the other parent or the child.

Shared child custody therefore calls for geographic closeness and a minimum of communication. Sharp conflict or a distant move makes it difficult, without ruling it out in principle.

Can one parent object?

The judge may impose alternating residence despite one parent's refusal. The Cour de cassation has long accepted this, and trial judges order it regularly.

An intermediate solution also exists. Article 373-2-9 allows provisional alternating residence, over a trial period of three to six months, before a final decision. That formula often reassures the hesitant parent.

Conversely, some factors close the door: very young age, established domestic violence, incompatible working hours or unstable housing.

Hearing the child

In any child custody case, article 388-1 of the Civil Code gives a minor capable of forming a view the right to be heard. Where the child asks, the judge cannot refuse, save by a specially reasoned decision.

No minimum age exists. In practice, courts readily hear children from the age of seven or eight. The child may come alone, accompanied by a children's lawyer, or be heard by an appointed professional.

Careful, though: the child does not have to choose between their parents. The judge gathers their feelings, then decides.

The procedure before the family court judge

A child custody application goes to the judicial court for the child's place of residence. A lawyer is not compulsory, but one structures the file usefully.

Stage	What happens
Application	Statement of the request and supporting documents
Summons	Hearing usually listed within 2 to 6 months
Hearing	Both parents speak, and the child may be heard
Decision	Enforceable on a provisional basis as of right

Several courts first require an attempt at family mediation, in particular for applications to vary an order. That meeting stays useful even when it fails: it clarifies the points of disagreement.

A decision can then be varied at any time, as soon as a new factor justifies it. The terms of child maintenance follow the same logic.

Benefits, tax and moving house

Under shared child custody, parents split the increase in the family quotient. Family benefits are also shared, or paid to a single parent designated by joint agreement.

The back-to-school allowance, in contrast, is not split: the fund pays the designated claimant. So settle that point at the time of separation.

Finally, article 373-2 requires you to inform the other parent of any move in good time. A change of address that upsets the arrangements justifies a fresh application to the judge.

When the pattern is not respected

Refusing to hand the child over breaks the child custody order and amounts to the offence of withholding a child, punished by one year's imprisonment and a €15,000 fine under article 227-5 of the Criminal Code.

Before any complaint, have the facts recorded. A police log entry for each incident, saved messages and witness statements build the file. The family court judge can then change the residence if the obstruction repeats.

When to consult a lawyer

A lawyer assesses your chances against the statutory criteria, prepares any hearing of the child and drafts a solid parenting agreement. They also act urgently when the other parent leaves with the child. A family lawyer answers within 20 minutes. A divorce by mutual consent settles this point in the agreement. The steps are set out on service-public.gouv.fr.