samedi 1 novembre 2014
Mode of the fairer for parents, according to some, guard or the more disturbing for children, according to others: the alternating residence - commonly referred to as 'alternating custody' - is far from unanimous and continues to debate among psychologists, defenders of the rights of children, sociologists and lawyers, psychologist, Guillaume Barbe, lawyer in the family lawbut also to our it ' communities.
France example
The alternate residence, what is it?
Also called "shared custody" or "joint custody", alternating residence has been legally recognized in France with the law of 4 March 2002 concerning parental authority, which officially registered the term in the civil Code (article 373-2-9). Therefore, it is for a child to reside for a period of roughly equal among his father and his mother when they are divorced or separated. This law also provides that "in case of disagreement between them on the way of the child's residence, the judge may order provisional alternating residence which it determines the duration". Alternation of a few days, a week or even two weeks or a month one and then the other: the rhythm can be variable.
Promote alternating custody?
Such is the desire of a Bill, filed last October. «Failing agreement, in the event of joint parental authority, judge to review as a priority, at the request of one of the parents at least, the possibility of fixing the accommodation of the child equally between his parents, advocates this proposal, filed by Richard Mallié and supported by a hundred members of the majority.
Is the goal to generalize the alternating custody? No, according to the text. At stake is of "return the child to the center of the debate in him offering the possibility, if the conditions are met (including when the age of the child is more than 2 years and a half), to be cared for by both parents", according to his statement. Starting from the fact that, 'when a parent [currently] opposes the alternate residence, it gets consistently successful", Bill wants to make it necessary to justify this position.
"The alternate residence is not tenable for young children.
Psychologist and psychotherapist, Gérard Poussin is the author of "Children of divorce" and co-wrote with journalist Anne Lamy "succeed alternating custody. According to him, if the alternation has the advantage of encouraging the bond of attachment between child to both parents, it could not be implemented without discernment.
ASK: What is the prerequisite for the proper functioning of the alternating residence?
Gérard Poussin: When you want to implement, you have to be very alert to the distance separating the homes of parents: having two closely spaced dwellings is the sine qua non for alternation works and benefits to the child who will thus keep his bearings: it still needs to go to the same school, have the same activities... This does not mean that they must necessarily live in the same building, but stay in the same district would be beneficial. It is not worth to continue this mode of custody if one parent decides to move to a distant city.
ASK: What are the right questions to ask before implementing this mode of custody?
Gérard Poussin: Before starting, should analyze his motivations and consider all the constraints of this mode of custody which requires a lot of organisation. The parent who is would be much occupied by his children before the divorce must ask the question
