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Children’s residence (childcare, joint residence)

Bareuzai Dijon place François Rude All parents, whether married or not, face the issue of children’s residency from the moment they live apart or consider it. In everyday language, this is most often referred to as "childcare".

Legally, this is a "residency" issue. If the parents are married, and initiate divorce proceedings, the residence of the children will be mentioned at the first hearing before the Family Affairs Judge.

If the parents are not married, it will be up to them to refer the matter to the Family Affairs Judge to settle this issue. In both cases, an agreement may be made between the parents, and be approved by the Family Affairs Judge. Failing agreement, the magistrate will settle the parents’ dispute, putting the best interests of the child first. The best interests of the child is a subjective notion, even if the texts and case law suggest that it is a question, as far as possible, of allowing the child to keep his bearings.

Cabinet FOURNIER assists you in submitting a request for the establishment of residence for the children at your home. It is also possible to request a transfer of residence, that is to say to request that children who lived with their other parent now come to settle with you.

N.B .: Anything concerning children can be the subject of requests for modification as long as they have not become of legal age and financially independent. Cabinet FOURNIER draws your attention to the need, at the time of the separation of the parents, to quickly set up a residence that corresponds to what you wish to see pronounced by the Family Affairs Judge. For example, if a father wishes to benefit from an alternating residence, it will be more easily granted by the judge if it is put in place as soon as the parents separate.