Shared (alternating) custody of a child

01Three forms of personal care

• care by one parent – the child lives with one parent, and the other has the right to contact with the child,
• shared (alternating) custody – the child stays with each parent in turn, at intervals agreed by the parents or set by the court,
• joint custody – the parents care for the child together; this requires the consent of both.

At the same time, the court decides who will represent the child and manage the child's property, and settles maintenance – or approves the parents' agreement (Section 24(1) of the Family Act). The same applies to parents who were not married and do not live together.

02Conditions for shared (alternating) custody

The court may award shared (alternating) personal custody of the child if (Section 24(3)):

• both parents are capable of bringing up the child,
• both are interested in caring for the child personally,
• it is in the child's interests and the child's needs will be met in this way.

03Does the other parent have to agree?

No. The law requires the consent of both parents only for joint custody. If at least one of the parents agrees to shared (alternating) custody, the court must examine whether it will be in the child's interests.

The other parent's disagreement therefore does not automatically rule it out. However, the court also considers whether the parents are able to reach agreement about the child – with alternating care, cooperation between the parents is an everyday necessity.

04What the court considers

In reaching its decision, the court takes into account in particular (Section 24(5)):

• the child's emotional bonds and developmental needs,
• the stability of the future upbringing environment,
• the parent's ability to reach agreement with the other parent,
• the child's right to be brought up by both parents and to regular, equal and equivalent contact with both.

The child's views: the child has the right to express their views and to be heard. The court gives them due weight according to the child's age and maturity (Section 43) and, depending on the nature of the case, may also hear the child without the parents being present. In practice it also helps if the parents live close to each other and the child can attend the same school.

05Maintenance under shared (alternating) custody

Under shared (alternating) custody, when setting maintenance the court takes into account how long each parent cares for the child. It may also decide not to set maintenance for the period of shared custody (Section 62(6)).

Alternating care therefore does not automatically mean that no maintenance is paid. The court may set it, for example, where the parents have significantly different incomes. You can find out how maintenance is calculated on the page Child maintenance – calculation.

06How to proceed

1. Try to reach an agreement – on the rhythm of alternation, school holidays, public holidays, school and after-school activities, and on who pays which expenses.
2. Have the agreement approved by the court – the court's decision can be replaced by an agreement between the parents that the court approves (Section 24(4)). Only an approved agreement is binding.
3. If agreement is not possible – we will file a petition with the court and prepare material showing why shared (alternating) custody is in the child's interests.
4. Consider mediation – it helps you agree on details that the court will not set out in its judgment. More on the page Mediation or court.

Proceedings concerning the care of minor children are exempt from court fees.

07When circumstances change

If circumstances change – for example a parent moves away, the child's age and needs change, or the alternating arrangement stops working – the court may change its decision, even without a petition (Section 26). If one parent repeatedly and without good reason obstructs the child's contact with the other parent, the court may also change its decision on who has custody of the child (Section 25(4)).

08Frequently asked questions

Does the other parent have to agree to shared (alternating) custody?

No. The consent of both parents is required only for joint custody. If at least one parent agrees to shared (alternating) custody, the court must examine whether it will be in the child's interests.

Is maintenance paid under shared (alternating) custody?

It may be. The court takes into account how long each parent cares for the child and may decide not to set maintenance for the period of shared custody. Where the parents' incomes differ significantly, however, it may set it.

How often does the child alternate between parents?

The law does not set an interval. It is often one week with each parent, but the child's age, school and the parents' practical circumstances are decisive.

From what age does the court take the child's views into account?

The law does not set a fixed age limit. The child has the right to express their views, and the court gives them due weight according to the child's age and maturity.

Does this also apply to parents who were not married?

Yes. The rules on awarding custody of a child apply accordingly to parents who do not live together, even if they were never married.