The child's residence after separation: shared custody, contact rights and the judge's role

Published on 09/07/2026

When parents separate, one question often dominates all the others: where will the child live, and when do they see each parent? What everyday language calls "custody" in fact covers precise legal concepts. Here, in a documentary way, is what French law provides — the residence arrangements, contact and accommodation rights, the judge's criteria and what happens in the event of a move.

"Custody", residence and parental authority: do not confuse them

The word "custody" (garde) has disappeared from the Civil Code. Today two things are distinguished:

parental authority — the set of rights and duties over the child — which in principle remains exercised jointly by both parents after the separation (Article 372 of the Civil Code); see our guide Parental authority;
the residence of the child — the concrete organisation of their place of life.

The guiding principle is laid down by Article 373-2 of the Civil Code:

"The separation of the parents has no effect on the rules governing the devolution of the exercise of parental authority. Each of the father and mother must maintain personal relations with the child and respect the child's bonds with the other parent."

In other words: the parent with whom the child does not live remains a holder of parental authority. Deciding on residence is not removing a parent from the child's life.

Two residence arrangements: shared or with one parent

Article 373-2-9 of the Civil Code provides for two possibilities:

"[…] the child's residence may be fixed alternately at the home of each parent or at the home of one of them."

Shared residence (résidence alternée): the child lives in turn with each parent. Beware of a common misconception: "alternating" does not mean a strict 50/50 — the periods may be unequal.
Habitual residence with one parent, with contact and accommodation rights for the other.

In the event of disagreement, the judge may even order a shared residence on a provisional basis (a trial period), before ruling definitively.

Contact and accommodation rights (droit de visite et d'hébergement, DVH)

Where the child resides mainly with one parent, the other has contact and accommodation rights. The most widespread formula — every other weekend and half of the school holidays — is a common practice, not a legal rule: it is the parents' agreement or the judge that sets the arrangements case by case.

This right comes in degrees according to the child's situation: contact and accommodation rights with overnight stays, simple contact rights (without accommodation), or supervised visits in a contact centre (espace de rencontre) where safety requires. The principle remains protective of the bond: under Article 373-2-1 of the Civil Code,

"The exercise of contact and accommodation rights may be refused to the other parent only for serious reasons."

How is residence set?

Two routes:

by agreement between the parents, who may have it approved by the family court judge — the judge checks that the agreement preserves the child's interest and that consent is free (Article 373-2-7 of the Civil Code);
by decision of the family court judge, failing an agreement — seised by application (Cerfa form No. 11530*11, "Application to the family court judge"). A lawyer is not mandatory for parental authority, residence, contact rights or maintenance.

On what criteria the judge decides

Article 373-2-11 of the Civil Code lists what the judge takes "notably" into consideration:

the practice the parents previously followed, or the earlier agreements;
the sentiments expressed by the minor child (who may ask to be heard);
each parent's ability to assume their duties and to respect the other's rights;
the result of any expert assessments;
the information from social inquiries;
any pressure or violence, physical or psychological, exerted by one parent on the other.

This list is not ranked: everything turns on the concrete assessment of the child's interest. This is why documenting the reality of daily life — who does what, and since when — often carries considerable weight. See our guides Building an evidence file for the family court judge and Keeping a timeline of events.

When a parent wants to move house

A move that alters the arrangements for exercising parental authority is not decided unilaterally. Article 373-2 requires prior notice, given in good time, to the other parent; in the event of disagreement, it is the family court judge who decides "according to what the child's interest requires" and who may apportion the travel costs. Failing to notify a change of address within the month is even an offence (Article 227-6 of the Criminal Code, 6 months' imprisonment and a fine of 7 500 €). We detail this case — informing the other parent, the judge's powers, leaving the country — in our guide A separated parent moving house.

When the contact right is not respected

⚠️ Keeping or failing to "return" the child to the other parent who has the right to claim them is the offence of failure to return a child (non-représentation d'enfant) (Article 227-5 of the Criminal Code): "punishable by one year's imprisonment and a fine of 15,000 euros". Faced with a blockage, the legal route is to refer the matter to the judge, not to take justice into your own hands. Family mediation is often a useful first step — see Family mediation.

How much does it cost? (new in 2026)

⚠️ Since 1 March 2026, referring a matter to the civil courts is no longer free. A legal aid contribution of 50 € (a tax stamp bought online) is due for any first-instance application or summons before the judicial court — and therefore for referring a matter to the family court judge (2026 Finance Act; official presentation). Two major exceptions for the public we support: beneficiaries of legal aid (aide juridictionnelle) are exempt, and the approval of an amicable parental agreement (Article 373-2-7) remains free. The application for a protection order (violence) is also exempt.

Two good reasons, therefore, to favour agreement where possible, and to check your eligibility for legal aid — see Legal aid.

Setting a residence, arranging contact rights or referring a matter to the judge requires dated facts and clear documents: the actual presence schedule, incidents, exchanges. This is precisely what Aridelle is designed to help you organise — gathering your material and preparing your questions for a professional.

For any individual situation, turn to a lawyer, a point-justice or Allô Service Public (3939), a free information service that covers family law. In cases of violence, 3919 (Violences Femmes Info) is free and anonymous.