In a significant shift to its family law framework, the Principality of Monaco has granted judges the authority to impose alternating residence arrangements for children of separated parents - even in the absence of mutual parental consent.
The reform, adopted by the National Council in June, came into effect in July. It represents a departure from the previous legal requirement that both parents agree to shared custody before it could be implemented.
Under the new law, magistrates may now order alternating residence if they determine it serves the best interests of the child, regardless of parental agreement. Legal experts say the change brings Monaco’s family law more closely in line with that of neighbouring France and reflects a broader shift toward prioritizing the child’s welfare in custody proceedings.
“This change ensures that the child’s welfare remains at the heart of custody decisions,” said Raphaël Zvara, an 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 statute allows judges to impose shared custody either provisionally - to assess the arrangement's viability - or as a long-term solution. As with all custody rulings in Monaco, decisions remain subject to review until the child reaches adulthood.
While the reform may increase the number of custody cases brought before the courts, legal observers say it lays the groundwork for more equitable outcomes. “It will undoubtedly create new legal challenges,” Zvara noted, “but ultimately it opens the door to fairer solutions for children.”
The law marks a notable evolution in Monaco’s approach to family justice - one that seeks to balance parental rights with the paramount consideration of a child’s best interests.