Alternate Custody Is Not Always Possible: Distance Between Parental Homes

Case Background

A mother recently consulted me after receiving a summons to appear before the Family Affairs Judge. She was extremely anxious. Ever since the separation when the child was only one year old, the child had resided habitually with her. The father exercised standard alternate-weekend and half-holiday visitation rights and paid child support.

Now 12 years old and attending middle school (classe de 5e), the child's balance was called into question by the father's petition seeking alternating (50/50) shared custody as well as the cancellation of child support.

As is frequently the case in this type of dispute, it was essential to look past abstract legal theories and examine the concrete living conditions of the child in practical detail.

The Decisive Question of School Commutes

A crucial factor immediately emerged: the practical reality of school commutes.

The mother lives just ten minutes' walk from the middle school. The father resides approximately twenty kilometers away. From his home, the commute to the school represents between twenty and thirty minutes by car depending on traffic, but notably around an hour and a half by public transit.

In other words, in the event of alternate custody, the child would either have to depend daily on the father's car journeys or spend up to three hours in transit per day to maintain personal autonomy.

At 12 years old, with middle school days sometimes ending at 5:00 PM and variable schedules on Wednesdays, such a logistical burden is materially exhausting and poorly suited to an adolescent's healthy daily rhythm.

The Concrete Best Interests of the Child Prevail Over Parental Equality

The Family Affairs Judge never rules solely on an abstract principle of mathematical equality between parents. The court must above all assess the concrete best interests of the child: stability, fatigue, school organization, autonomy, lifestyle equilibrium, and the actual feasibility of the requested custody arrangement.

In this situation, the logistical constraints constituted a major obstacle to the establishment of alternating custody.

I was therefore able to reassure my client: in light of the evidence in the case file, the likelihood of the court modifying the primary residence appeared extremely low.

Key Takeaway

This type of situation highlights an important reality: alternate custody is not an automatic right. It requires material conditions compatible with the well-being of the child and the practical reality of their daily routine.