Monaco enshrines shared custody in law to support child welfare after separation

A landmark family law reform passed by Monaco’s National Council on 18th June formally recognises and regulates alternating residence for children of separated parents. Law no. 1.106 is designed to prioritise the child’s stability, welfare and rights in cases of family separation, while ensuring both parents remain equally involved in their upbringing.

Presenting the bill to the National Council, Céline Caron-Dagioni, Minister of Equipment, Environment and Urbanism, affirmed that the child’s best interest remains a guiding principle for the Princely Government. The new legislation reinforces this by establishing a clear legal framework for alternating custody, aligning with previous reforms and reflecting commitments under the UN Convention on the Rights of the Child. “This text, though concise, carries great ambition,” she said during the assembly, emphasising its lasting impact on family life in the Principality.

a modern approach to parental equality

The new law builds on existing legal tools introduced in 2003 and 2017, which first opened the door to shared custody arrangements. By formally embedding these provisions in civil law, Law no. 1.106 ensures a stable, predictable approach to co-parenting, even when parents disagree. Government and Council collaboration has been key to refining the bill’s scope and legal balance, with all proposed amendments accepted by the executive.

strengthening family resilience

Crucially, the law is not only about structure, but about support. It asserts that children should not bear the burden of adult disputes, and that the legal system has a role in safeguarding emotional and developmental continuity. “The law is a framework,” said Caron-Dagioni, “but also a guide, a guarantor, and sometimes a path to peace.”

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Photo source: National Council of Monaco