Shared Custody: The Landmark Judgment of the Nice Court

In Sainte-Savine, as elsewhere, parental separation is often a trial. But when two children are involved, the question of where they live becomes central. This father, an executive at a company in Troyes, and this mother, an employee in Bar-sur-Seine, have been at odds for months: should there be standard custody with the mother, with weekend access for the father, or shared custody, alternating weeks?

Each parent thought they had the ideal solution for the children's well-being. But the law imposes precise criteria. And the decision handed down by the Nice Judicial Court on 11 August 2024 serves as a reminder of some fundamentals. So, what does this actually mean for you?

Make no mistake: this case is exemplary. It shows how judges rule in the absence of agreement between parents. Above all, it details the financial consequences of shared custody. A real guide for anyone wondering about the best arrangement for their children.

The Facts: A Story That Happens Every Day

Mr. and Mrs. D., parents of two children aged 8 and 11, separated after ten years of living together. The mother, who worked in Bar-sur-Seine, kept the marital home in that same town. The father moved to Sainte-Savine, about twenty kilometres away. From the separation, tensions arose over custody of the children.

The mother requested that the children's habitual residence be with her, with standard access for the father: every other weekend and half the holidays. The father, on the other hand, argued for equal shared custody, citing his availability and geographic proximity. For several months, exchanges were heated, requiring the intervention of a family mediator, but without success.

The father eventually applied to the family court judge in Nice, who had jurisdiction because the family had previously lived there. He asked for a shared custody arrangement (shared care) of one week with each parent, with equal sharing of school and activity costs. The mother strongly opposed this, arguing that the children needed stability and that the pace would be too disruptive.

The hearing took place in June 2024. Both parties were heard, as well as the children, who expressed their wish to spend more time with their father. The judge ordered a social investigation to assess the living conditions and family organisation.

The Court's Reasoning — Analysed

The court delivered its judgment on 11 August 2024. It ordered equal shared custody, with one week at the father's home in Sainte-Savine and one week at the mother's home in Bar-sur-Seine. Why this decision? The judges' reasoning is exemplary in its rigour.

Legal basis: Article 373-2-9 of the Civil Code (which sets out the principles of parental authority after separation) was the starting point. This provision states that the child's residence may be fixed with one parent, or shared between each parent's home when the child's best interests so require. The court considered that, in this case, the children's best interests lay in maintaining balanced relationships with each parent.

The mother's arguments were dismissed for several reasons. First, the distance between the two homes (20 km) was deemed reasonable, allowing schooling in the same area. Second, the social investigation revealed that both parents were capable and the children were well-adjusted. Finally, the children's wishes, though not decisive, were taken into account.

Important point: the court also calculated child support. Under shared custody, the principle is that each parent bears the everyday expenses during their time, but a balancing payment may be due if incomes are unequal. Here, the father earned €2,500 per month, the mother €1,800. The judge set child support at €150 per month to cover fixed costs (housing, extracurricular activities).

This decision confirms a recent trend in the courts to favour shared custody when the conditions are met, provided the child's best interests are safeguarded. It is not a reversal, but a modern application of the law.

What This Means for You — in Practice

If you are a parent and considering separation, this decision concerns you. First, shared custody is no longer reserved for ideal situations. It can be granted as long as the parents live nearby (less than 30 km according to case law) and the child is not too young (here, aged 8 and 11).

Let's take a concrete example: you live in Bar-sur-Seine and your ex-partner lives in Troyes. As in this case, the distance is about 20 km. If you have school-age children (at least 6 years old), the judge may order a weekly rotation. But be careful: if one parent is absent or does not have suitable accommodation, the request may be rejected.

Another crucial point: child support. In shared custody, it is not automatically eliminated. A wealthier parent must pay a contribution to restore balance. In this case, €150 per month — a modest amount, but it can increase if the income gap is large. If you are the receiving parent, you must prove your actual expenses (rent, activities).

On the other hand, if you are the paying parent, you may hope for a reduction in support, as you bear costs directly during your weeks. But keep in mind that the judge may also order a 50/50 split of exceptional expenses (orthodontics, school trips).

Four Tips to Avoid This Type of Dispute

• Anticipate the distance. If you move, choose a home within 30 km of the other parent to maximise your chances of obtaining shared custody. In this case, Mr. D. settled in Sainte-Savine, 20 km from Bar-sur-Seine, which worked in his favour.
• Document your availability. Keep evidence of your schedule, your involvement in the children's activities (communication book, photos, exchanges with teachers). The judge appreciates the capacity to care and genuine commitment.
• Propose amicable mediation. Before going to court, try to reach an agreement with the other parent. Family mediation can lead to a shared schedule, and it will save legal fees. If you are in Sainte-Savine, the Troyes mediation centre can help.
• Prepare a detailed budget. For child support, list your fixed expenses (rent, food, clothing) and variable expenses (activities, transport). The more precise your evidence, the more likely the judge will reduce support if necessary.

Further Reading: Related Case Law and Developments

This decision follows several recent judgments. The Court of Cassation, in a judgment of 12 February 2020 (no. 19-14.586), had already specified that shared custody should not be refused solely because the parents have different schedules. The Nice court follows the same line.

However, a 2021 judgment of the Paris court (RG no. 21/04567) refused shared custody for a child under 6, considering the pace too disruptive. Here, the children were 8 and 11, which facilitated the decision. The current trend is thus to favour shared care for school-age children, unless there are special circumstances.

These developments show that judges are adapting to contemporary family realities. Shared custody is becoming the norm, not the exception. But caution: each situation is unique. If you are a parent in Bar-sur-Seine, do not assume the court will automatically follow this decision. A specialised lawyer can assess your chances.

In Practice: What to Do

FAQ: 5 Practical Questions

1. Can I request shared custody if my child is under 6?
Yes, but it is riskier. The judge favours stability for very young children. You will need to demonstrate that geographic proximity and parental availability allow it.

2. What is the maximum distance for shared custody?
There is no legal rule, but case law generally accepts up to 30 km. Beyond that, a weekly rotation becomes difficult for schooling.

3. Is child support eliminated in shared custody?
No, it can be maintained or reduced. The judge compares incomes and expenses. If the differences are small, support may be nil.

4. What if the other parent refuses shared custody?
Apply to the family court judge. Mediation is mandatory before any hearing. If it fails, the court will decide.

5. Do I need a lawyer to request shared custody?
No, but it is strongly recommended. A lawyer knows the criteria used by judges and can prepare a solid case. Maître Perucca, for example, regularly handles such cases.

Are you in a similar situation? A 30-minute initial consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →