Alternating Residence for Children in Monaco: When Parents Disagree – Key Change Introduced by Law No 1.577 of 1 July 2025

The Principality of Monaco continues to modernise its family law framework with the adoption of Law No. 1.577 of 1 July 2025 on the promotion and regulation of alternating residence for children of separated parents, which entered into force on 12 July 2025. The reform grants the Guardianship Judge the authority to order alternating residence even where parents disagree, provided that the child’s best interests so require. It consolidates international alignment with Article 3 of the UN Convention on the Rights of the Child (New York, 1989), prioritising the child’s welfare, stability, and balanced development over parental conflict.

1) Introduction of Alternating Residence in Monaco Civil Law  

Law No. 1.450 of 4 July 2017 introduced into the Civil Code the option of establishing a shared residence arrangement for children of divorced or separated parents. It remained subject to the express consent of both parents.

The legislator considered the evolving realities of family life, as well as the shifting balance of parental roles, while keeping the child’s best interests at the centre of its considerations. It did not intend to make shared residence of the child at each parent’s home a standard or default model.

For a shared residence arrangement agreed upon by the parents to be approved by the guardianship judge, the child must be at least three years old. The parents may also request the intervention of a child psychiatrist before deciding on shared residence.

In the event of shared residence, family allowances and other child‑related benefits are paid in equal halves to each parent, unless a written agreement between the parents or a court decision designates one of them as the sole recipient of the full amount.

2) From Parental Consent to Judicial Decision 

Law No. 1.577 of 1st July 2025 allows the Guardianship Judge to order alternating residence at the request of either parent or even when they disagree, as long as the child’s best interests are upheld.

Judicial authority is strengthened: alternating residence may be ordered without the agreement of both parents when required by the child’s best interests. The judge may, where appropriate, order it on a provisional basis (a trial period) before making a final decision, in order to assess its practical feasibility.

This development places judicial oversight back at the heart of child protection and is consistent with Article 3 of the United Nations Convention on the Rights of the Child (New York, 1989), which requires that the child’s best interests be a primary consideration in all decisions concerning them: the emotional, educational and developmental needs, the continuity of their routines, and the preservation of family bonds.

3) Procedure and Child’s Right to Be Heard 

In accordance with the adversarial principle, the parents are invited to present their observations and any relevant evidence.

The child’s views may be heard if they have sufficient maturity and discernment. However, their wishes alone are not decisive when the continuity of relationships with each parent is at stake.

This approach ensures a balance between listening to the child and preventing the conflict from being used to influence or manipulate the process.

Key takeaway

By reforming family law, Law No. 1.577 of 1 July 2025 strengthens the judge’s toolkit by providing an enhanced and proportionate mechanism to preserve balanced relationships between the child and each parent, even in cases of parental disagreement. It aligns Monaco practice with leading international standards, in the best interests of the child’s well‑being, stability, and development.

References

Journal de Monaco – Law No. 1.577 of 1st July 2025 (JDM No. 8755 of 11 July 2025) https://journaldemonaco.gouv.mc/Journaux/2025/Journal-8755/Loi-n-1.577-du-1er-juillet-2025-relative-a-la-promotion-et-l-encadrement-de-la-residence-alternee-des-enfants-de-parents-separes

Journal de Monaco – Law No. 1.450 of 4 July 2017 (JDM No. 8338 of 14 July 2025) https://journaldemonaco.gouv.mc/Journaux/2017/Journal-8338/Loi-n-1.450-du-4-juillet-2017-relative-a-la-residence-alternee

United Nations – Convention on the Rights of the Child (Article 3) https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child