What types of child custody arrangements exist for parents in France?

Reader Question: What is garde alternée? Does it translate directly as shared custody, and can my ex-wife and I decide to do this without legal involvement?

There are three main custodial arrangements in France, including garde alternée.

Garde alternée (sometimes called résidence alternée) means shared custody of a child following the separation of their parents.

It specifically relates to situations where a child spends a certain amount of time with each parent, for example one week with one parent and the following week with the other.

It is important to note that parents can often agree to a shared custody schedule amicably, without involving a judge. 

Such arrangements are valid between the parents, although they do not have the same enforceability as a judicial ruling if a dispute later arises.

However, certain legal requirements must be met if the arrangement is to be formally recognised, ensuring both parents’ rights and the child’s interests are protected.

It differs from sole custody (garde exclusive), which sees one parent look after the child full-time and the other being given visiting rights.

In this case, child support (une pension alimentaire) is often also paid to the parent with sole custody.

Judges confirm arrangements

If parents want the arrangement to have legal force, it can be formalised by a family judge (juge aux affaires familiales), who may order a garde alternée.

Parents who amicably agree but want to provide a stronger legal framework for the decision can use an online form to make a declaration of custody rights, which can then be approved by a judge to be made legally binding.

However, if an amicable agreement cannot be found, the matter can be taken to court by one of the parents.

It is usually advised to see a family mediator before filing a legal case to see if an agreement can be reached.

The agreement, if decided on by a judge, must take into account the child’s best interests.

This includes their age, schooling, how each parent looks after the child in their daily life, how close the parents live to one another (so children can remain at the same school, etc), and the child’s relationship with their parents.

A child’s own opinion can also be considered by the judge, although this is not a legal requirement.

There is no legal minimum age at which a child must be consulted about the decision, but they are free to express their views. In practice, judges often take a child’s comments into account from around the age of eight to ten upwards.

Full decisions can take between four and six months.

Once the decision has been made, you will need to inform your local CAF through the Cerfa 14000*01 form – or online – indicating how any family benefits are to be paid out (shared or held exclusively by one parent).

A ruling can sometimes determine how benefits are to be paid.

In addition, shared custody should be declared on the spring tax return via box ‘H’ of the standard 2042 form.