Is the Dual Residence an Appropriate Arrangement for the Minor with Separated Parents? National Experiences and European recommendations

Abstract

The divorce of a child's parents should be managed in such a way that the minor is affected as little as possible. In order to minimize the impact of the parents' separation on the child, the question arises as to whether the establishment of an alternative home may, in certain cases, be the appropriate solution to ensure that the child retains a status as close as possible to that previously enjoyed. In order to provide an answer in this regard, we have referred to recommendations that have been put forward at European level, based on specialist studies, to models of good practice in other European countries and we have also provided examples from recent judicial practice in Romania.

Keywords

• divorce
• alternative residence
• shared parental authority