FROM PILLAR TO POST: INTERROGATIONS AND SOLUTIONS REGARDING THE ALTERNATING RESIDENCE OF THE MINOR CHILD
In the context of the Civil Code, the alternating residence of the minor child raises both a question of legality, for the purposes of identifying the legal basis, and a question of opportunity, which involves the identification of certain specific assessment criteria of the best interest of the child. The complicit silence of the Civil Code has fostered the enshrinement of this solution in practice, accepted without any reservation, from the effective date of the Civil Code, when its legal basis consisted of the parents’ deal, materialized in a mediation or notarial agreement. In the absence of such agreement, the practice of the courts is nonunitary and mostly favourable for the conservative solution of establishing the child’s residence at either of his or her parents. Either it has been established under the parents’ agreement, or, in certain cases, it has been decided by the court of law only upon request of one of the parents, the alternating residence does not seem to be a measure marked by stability, as the situations in which its variation and the reversion to the traditional solution have been frequent.