Monaco has introduced a significant reform to family law, changing how alternating residence for children of separated parents is decided. The law, passed by the National Council in June and published in the Journal Officiel over the summer, gives judges the authority to impose shared custody arrangements even without the mutual consent of both parents.
Previously, alternating residence, where a child splits time living with each parent, could only be established if both parents agreed. Now, since July, magistrates can rule in favour of this arrangement if they determine it serves the best interests of the child.
Legal experts say the reform modernises Monaco’s approach to family law, aligning it more closely with practices in neighbouring France. “This change ensures that the child’s welfare remains at the heart of custody decisions,” explained Raphaël Zvara, associate lawyer at CMS Monaco. “It also removes some of the emotional deadlock that can occur when one parent refuses alternating residence for reasons not necessarily linked to the child’s well-being.”
The law allows alternating residence to be ordered either on a provisional basis, giving families time to test the arrangement, or immediately as a lasting measure. However, as with all custody rulings, decisions can be revisited until the child reaches adulthood if circumstances change.
Observers expect the reform will lead to an increase in custody disputes brought before the courts, particularly from parents who previously felt disadvantaged by the system. “It will undoubtedly create new legal challenges,” Zvara noted, “but ultimately it opens the door to fairer solutions for children.”
The reform marks a pivotal step in Monaco’s effort to modernise its family law, aiming to balance parental rights while keeping the child’s best interests as the guiding principle.
