Changing a custody rhythm: the procedures in France

A custody rhythm is not set in stone. A move, a change of working hours or the start of secondary school can make it unworkable. In France, three routes exist to change it.

Amicable agreement

If both parents agree, they can apply a new rhythm with no formality. That is flexible and immediate, but it carries no legal force: should a dispute arise later, the original court order applies. A simple signed note, even without court approval, helps establish that the agreement existed.

Approved parenting agreement

The parents draft an agreement — alone or with a lawyer — and submit it to the family court judge (juge aux affaires familiales) for approval. The judge checks that it serves the child's interest and that consent is freely given. Once approved, the agreement has the same force as a court order.

The procedure is done by application, with no hearing required when the agreement is complete. It is free apart from legal fees.

Applying to the court

Where there is disagreement, one parent applies to the family court judge at the judicial court for the child's place of residence. They will have to show a change of circumstances since the previous decision. The judge rules in the child's interest, taking account of their age, schooling and the distance between the two homes.

Family mediation

Before any proceedings, family mediation offers a way to seek agreement with the help of a neutral third party. It is sometimes proposed by the judge, and its cost is scaled to income. Mediators observe that an even/odd rhythm is better respected when both parents work from the same reference tool for reading the calendar.

This site provides that shared reference. It is not legal advice: for your own situation, contact a lawyer, a point-justice or a family mediator.