The separation of parents, whether they are married (divorce or legal separation proceedings) or not (Pacs, cohabitation) entails for their children the fixing of their place of residence with the organization of a right of visit and 'accommodation.
A choice guided by the interests of the children and the need to maintain equity between parents.
Account will be taken of the family's organization mode before separation (days of extra-curricular activities, etc.), of theopinion of the child if he has been heard by the judge, the results of various expertises and social surveys, requests from parents, etc.
Finally, in the event of a persistent disagreement between the parents, it will be up to the judge to assess the best interests of the child and to decide which type of custody will best suit the family situation.
The residence of the child can be fixed, either alternately with his fathers and mothers (alternating custody), or with a parent as the main person with a right of access and accommodation granted to the other parent, or with a parent exclusively.
Alternate residency
Alternate residence, which the Court of Cassation refused to apply until 2002, is now codified in Articles 373-2-9 of the Civil Code and 1180-2 of the Code of Civil Procedure. The system is simple: one week with one parent and the next with the other. This type of custody having become the norm, the judge can impose it on the spouses if they do not agree and if the interests of the child are not opposed (article 373-2-11 of the civil code).
The law does not specify anything about the methods of exercising joint custody. It will therefore be necessary to take into account the age of the child, the geographical proximity of the parents' homes, and collect the opinions of children over 13 years old.
In general, there will be a regular alternation, the period of which may be longer (for adolescents) or shorter (for young children).
The transfer from one home to another can be done on Friday evening after school, Saturday morning or Sunday evening… Everything will depend on the organization chosen by the parents.
For school vacation periods, children may stay the first half of the vacation with one parent, then the other half with the other parent. But here again, if the parents agree, all modalities are possible unless they do not sufficiently protect the interests of the children.
The principle being that if the spouses disagree, the judge will set the practical conditions of the alternation and will specify which parent will be responsible for taking or bringing back the children, to pay the costs of the journeys, etc.
One thing is certain, children will be at their mother's house on Mother's Day and at their father's house on Father's Day, no matter who they are staying with on those days.
Note: From a tax point of view each parent will be equal and will benefit from half of the shares. Regarding family benefits, they will be paid to the one with the least income, unless the parents decide otherwise.
Fixing the child's residence with one parent with visitation and accommodation rights for the other parent
With this type of custody, the child's habitual residence is fixed with one of his parents and his other parent will benefit from visitation and accommodation rights. This type of care will generally be more suitable for couples whose relationships are very conflictual (because a minimum of agreement is necessary for the joint residence to work) and in the presence of young children.
Parents can, if they agree, adjust the conditions of this visitation and accommodation right on their own. They can arrange for the child to spend, in addition to the weekend, the day on Wednesday with the parent who has visitation rights. It will be the same for the custody rights during the holidays, by planning split periods (by period of 15 days) according to the age of the children or the schedules of each one.
It is only in the absence of an amicable agreement that the provisions of JAF taken in its decision (non-conciliation order, divorce judgment, separation, etc.) will apply.
The ruling will set the conditions for exercising this right of visitation and accommodation of the parent who does not have custody of the children and specify that it will be exercised:
- From Friday 18 p.m. (or after class…) to Sunday 18 p.m. (or Monday at the start of class), every other week, or every even (or odd) weekend.
- Half of school vacations, with the first half of school vacations in odd years for the mother and the second half of school vacations in odd years for the father. The second half of school vacations in even years for the mother and the first half of school vacations in even years for the father.
The decision may also provide for who will bear the transport costs if the child has to take the train or the plane to go to the parent who has the right to visit.
Note: If a public holiday (or a bridge) precedes or extends the weekend, for example with Easter Monday, the right of visit and accommodation will extend until Monday evening (or Tuesday morning with school). If Friday is the holiday, the weekend will start on Friday morning (or Thursday after school). If there is a bridge with a holiday Thursday, the period will extend from Thursday morning (or Wednesday evening) to Sunday evening (or Monday morning at school). The child spends Mother's Day Sunday with his mother and Father's Day Sunday with his father. In the event of non-compliance with the modalities provided for the exercise of visitation and accommodation rights, the parent who does not present the child incurs criminal penalties.
Here is how the weekends for fathers (odd weeks in purple) and mothers (even weeks in red) are organized for the months of April and May 2017 in order to see more clearly.
I have even weeks in 2021. From when I pick up my children. Friday of even weeks or Friday of odd weeks.
Thank you
Friday of even weeks
Monday, November 1, 2021 is a public holiday. I have a right of visit and classic accommodation. I pick up my children on Sunday 30/10 at 18 p.m. or Monday 01/11?
Thank you
Hello. If the Monday of the second part of the short vacation is a public holiday (case of 01/11/21), when does the right of accommodation for traditional childcare begin, on Sunday 18 p.m. or Monday 18?
Thank you
I see that I am not the only one to ask myself the question ... and to find nothing on this subject. For me the mother decided and imposed on me her right of custody as notified in the judgment, the public holidays that follow or precede the weekend are for the parent who has custody of the weekend. Well even if it's the holidays and it sweetens me one day with my children, I did not insist ...
I have custody of the children and the father, a wkd out of 2 even weekends from Friday out of school to Tuesday morning.
For the All Saints holidays, he has them the 2nd week. Do you have the right not to bring them back to me on Sunday and to keep them until Tuesday?
Hello,
We have even weekends and 1st weeks this year. We were thinking of returning the children on Sunday evening but the mother does not want to take them because Monday is a public holiday but it seems to me that public holidays do not apply to the Holidays otherwise there is no parity in the days. The problem arises for this Easter Monday
Hello,
I am in the same situation.
Did you get an answer to your question?
Thank you
It's not enough for you to have them 90% of the time? Poor girl.
When we say Friday evening at the end of school and Sunday evening 18 p.m. at the mother's home
What do you understand for Friday?
Does he pick them up from school or does he have to pick them up when he leaves school at the mother's home?
Hello I would like to know if the children are at their place for a week of vacation but the father works I wanted to know who has custody rights and the new girlfriend has custody rights
Good evening. I have my children the first weeks of the school holidays. So there for the Christmas holidays, normally I have them from Saturday December 1 to Saturday December 18, 25. But the 2021 being a holiday, I have to return them on Sunday 25?
Because the mother refuses that I bring them back to her on the 26th and threatens to call the gendarmerie if I do not bring them back to her on the 25th!
Thank you
years and 12 Hello, I just saw your message and I just wanted to share my experience. I am a mother of two children (9 years old and 12 years old) it is the father who has custody of them, I only have them every other weekend (from Friday evening after school to Monday morning after school) and the half of the vacation. I brought my children back to the dad's home on the 26th at 10 a.m. and unfortunately the dad was not present at his home (but his companion was there) because he was at the gendarmerie to lodge a complaint against me because he wanted me to bring them back our children on December 30, 25 end of the day. The judgment dates from October 2021, 1 and the dad has already filed a complaint against me on October 2021, 22 (because I had picked up my children from school to start our week of vacation, so complaint without follow-up because I was within my rights ) then the Christmas one where there was no sequel either. As a mum, it's already very hard not to live with her children and not to hear from them because the dad is against it, and all the more so since my 2021-year-old daughter wants to live with me... So Here I am again in the proceedings with my new lawyer to recover custody of my youngest daughter.
Hello,
I'm shocked that you can ask such a question. It's 25/12! The day of Christmas ! It should be a day of “truce”.
You had your children all week as agreed, the evening of the 24th and the 25th. their mom.
Do you really think about the well-being of your children when you ask this kind of question? How do you think they might feel? What does this day represent for them?
In these situations I think you have to leave the quarrels and the administration aside and rely on common sense or your heart.
Hope you finally made the right choice...
cordially
Hello, following a JAF judgment which stipulates custody rights during school holidays, as well as half of the journey each, it is not possible to agree with the other party because it is imposed schedules to meet halfway or nothing. And it is necessarily up to me to accept his conditions. Out of no schedule is provided anywhere. How to reach an agreement with the other party while remaining within the law?
Thank you in advance for your answer.
Bonjour.
I have custody of the children. I understood that the father of my children will have the right to keep them until the end of the Pentecost weekend because this weekend falls on his right of custody. Our son has no class the following Tuesday and never has class on Wednesday. His father wants to keep him until Wednesday, arguing that he has the right to keep our son until the end of the bridge. I disagree on the bridge issue. For me, the bridge ends on Monday evening. We also have a daughter who will have class on Tuesdays. I pick it up on Monday evening. I'm not opposed to my son staying longer, but as for me it's not a bridge, I think the father should take our son home.
Can you enlighten me on this please?
Thanking you in advance,
Sincerely,
Alexandra
Hello
I ask for custody every weekend and half of the holidays because the mother works every weekend
She'll have them all week
Can we call it a shared residence?
Because I haven't found anything on the internet, it only speaks of one out of two weekends
Hello everyone, little question, my husband takes care of his daughter on the weekends of the even weeks, the mother of the little one forces us to take the second week of the April vacation, saying that it is from Saturday to Saturday…. But for once we don't have it on Easter Sunday or Easter Monday…. To you it the right knowing that the second week falls on an even week…. And I find it unfair that we don't have an Easter Day with her! However for the July holidays she tells us that she has the first month and we have the second…. We don't understand anything anymore, thank you
I am asking myself the same question at this time because I am in the same situation but apparently it only works for wk and not for holidays the holiday does not count I am waiting for confirmation
My son has to leave for 15 days with a correspondent (one week during my care period and one week on the mother's care). The exchange takes place on the ascension bridge which falls on his week. The mother accepts that he makes this exchange if she recovers these missed days. Is she entitled to make such a request?
Hello, I would like to know for an even year, which weed-kend I can pick up my children. The gendarmerie from one weedkend to another changes version and it's always my ex-wife who keeps my children. I do 360 KMS round trip for nothing. I would like a clear explanation.
Thank you Mr LEFEBVRE J
Hello, my ex is forcing me to pick up my children (for my visitation and accommodation rights) at his vacation spot. Namely that a schedule is set for January 01 of each year and that she made her vacation reservation well after. This represents a return trip by car of 15 hours without counting breaks. Am I obliged to accept?
Hello,
What happens if on Wednesday I have our child and Thursday is a holiday?
Thank you
Hello,
I am not an expert but I believe that children should be taken or picked up at the parents' home unless there is an amicable arrangement.
So, it is at his home that you should pick them up if you are the one who has to make the trip.
Good night
cordially
Hello, on my judgment it is indicated 4 days first fortnight July and August.
Can someone tell me the start and end times?
Hello
Does a dad have the right not to take his child if he has an impediment? If yes, how ?
Thank you
Hello,
The father of my baby wants to impose a weekend shift on me because he has planned something else on the day of his planned visit. For him, given that he warned me in advance, it's up to me to adapt to his schedule and therefore to change the weekends in August. Can I refuse?
Hello,
I have two children, in 2nd and 3rd grade, for whom I have a DVH on weekends in odd weeks.
The judgment says "from the end of school activities until Sunday evening 22 p.m.".
Until now I picked up my children on Friday evenings, but since the start of the school year my daughter has had lessons on Saturday mornings.
It therefore seems natural to me to collect my two children at the end of Saturday morning lessons.
But the mother wants me to pick up my son on Friday evening, then my daughter on Friday morning. Knowing that I live 60km away, in the Paris region.
Who is right?
Thank you for your help.
Hello I would like to know how it works on weekends I have custody of my daughter her father picks her up on Saturday morning and brings her back to me on Sunday at 18 p.m. so I want to know how it works on Fridays I know that normally on weekdays -end starts on Friday evening except that her father does not take her thank you for your answer.
Hello
I would like to know my husband has his 2 daughters 1 week out of 2 and half of the holidays on weekends c from Friday 19 p.m. to Sunday 19 p.m. but for school holidays when should we pick them up on Friday evening or Sunday evening or other we don't don't know at all and not possible to get along with the mom can you help us please? Thanks in advance
Hello, I read all your messages and I admit that it makes me even sadder when I think of the children of what they can last, I hope you all find an agreement… But I understand that it is very complicated, I am a dad of 3 girls separated in 2020 and I have never been able to have a Christmas or Father's Day with them every time it was my turn to have them several times, especially right now , they found an excuse not to come and their mother remaining passive, did not improve the situation, yet we went before the judge and I must in theory have them 1 Week /2 and half of the school holidays, this summer at the place to be able to see them for 1 month, I saw them for 8 days, because their mother had made a reservation for their holidays at the end of the month and despite my complicity with my children since my separation I have the impression of losing them little by little already the big ones are 18 so they don't come anymore and now the 12-year-old is starting to not come to see me anymore, always finding an excuse not to come and I don't want to force them, I'm desperate to see, but as a child I escaped and they got into the habit of not coming or phone, during our separation their mother arranged it so that our children no longer see my family and now it's me they no longer want to see, all that for stories of Adults who can't find an agreement for the good of their own children
Hello, my ex-spouse has had the children since Saturday 22/10/2022 at 10 a.m. Does he have to bring them back to me on Friday 28/10/2022 or Saturday 29/10/2022 at 18 p.m. thank you for your answer Ml
Hello,
the father has custody of the little one the first week of the Christmas holidays and I the second, knowing that there are 17 days and that the gentleman has the right to the first 8 days and I to the last 9 days, the judge's decision. But sir does not want to return it to me on Saturday evening because there is the mention that the right of accommodation and visit extends to public holidays and non-working days preceding or following his period.
my question is when i should get my daughter back
Hello I am separated I have my children one weekend out of 2 and half of the holidays I thought I could keep them this weekend for Christmas because last year they were with their mother but this one tells me that for me the holidays are end on Saturday so I won't have them on Christmas or New Year's Day because it won't be my weekend
Hello,
here is what can be found on this subject on the internet: “School holidays have priority over the 1st, 3rd and 5th weekend. The week of care includes the weekend which begins it and the one which ends it. »
Therefore, it is the school holiday periods which have priority over the right to weekends, even with or without extension to the public holiday which follows or precedes.
It is therefore necessary to take into account the first period and the second period of the school holidays.
For school holiday periods, weekend rights are therefore not to be taken into account as they are replaced by school holiday period rights.
Nevertheless, it is necessary to look carefully at what the judge noted in the operative part (part of the judgment which begins with: FOR THESE REASONS). To obtain a precise answer, you must add to your question exactly what the judge ordered in the operative part: Says that..., fixes...
Hello I am separated I have my children one weekend out of 2 and half of the holidays I thought I could keep them this weekend for Christmas because last year they were with their mother but this one tells me that for me the holidays are finish saturday so i won't have them at christmas or new year's day because it won't be my weekend so next year it won't be my week 3 years without my children what should i do
Bonjour.
On my judgement, it is written "outside school holidays, even weeks for the non-caretaker..."
I understand for the holidays no problem…the concern is the week3nd?
The non-guardian always has the even weeks…every year?
I find it strange...
I thought we changed the weekend on call depending on the year (odd or even).
It would mean that the children leave all the same week3rd…
Thank you to enlighten me
Hello
the father of my children has rebuilt his life and his new spouse is prohibited from approaching her own children and is only allowed to see them for one hour a month on publicized visits, is it normal for her to takes care of my children every other weekend? can I specify in amendment to the separation agreement that I refuse that she be there when my ex welcomes the children?
please
Good evening. Can you explain to me please
outside school holidays:
Every weekend, from Friday 19 p.m. to Sunday 19 p.m. in addition to the first Tuesday of the month 19 p.m. to the first Wednesday of the month 19 p.m.
During the school holidays :
The first half of school holidays of more than five days in even years, the second half in odd years,……
Hello I would like to know the schedules to arrive on Saturday morning and Saturday evening alternating guard
Hello
I am currently considering a separation with my wife, despite 10 years of marriage, I have suffered criticism, derogatory remarks, very difficult to manage
I have a little child of almost seven years in play, the latter is not my son, despite the fact that I recognized him.
This is not my son, since the latter was attacked by a rot.
She kept in touch with him for almost 6 years (her lover)
My son was disturbed, by the behavior of his mother and all the manipulations of this rot made between the mother and the child).
I remember her deception and I'm sure she loved sleeping with him afterwards, my son has memories, it's still hard to touch this woman, despite the number of years.
About if I should divorce
I think I left sole custody of the child to his mother.
I think I have minimal contact with the child, visit to the mother.
Obviously I want no accommodation for the child, I think what will be act to manage this little boy.
I've suffered way too many lies,
I was originally in favor of shared custody, but Madame's behavior (cheating, difficulties in participating in daily expenses, various and varied reproaches, etc.) made me feel disgusted to keep in touch with her, it is obvious that I think above all of the child.
I need an opinion, without a harsh judgment against me
Thank you for your answers