Children’s ways of inhabiting next parental separation from a geography of law perspective

Résumé 0

This text aims to study legal material concerning the children’s residence following the separation of their parents. At the same time, this research seeks to demonstrate the interest in developing a geography of law. We first present the issue concerning the children’s way of life with separated parents and its geo-legal meaning. The legal system is then brought to light, essentially from a review of judgments of French Courts of Appeal (through content analysis). The positive law and justice study reveals judges’ criteria and reasons to decide the child’s mode of residence and specifically alternating residences: relationships between the parents, parenting capacities of each one, local, child’s social and usual environment, stability and predictability of the living arrangement. Finally, the content of judgments are put in perspective and contextualized from an external perspective (functioning of the family legal system, state of knowledge about children’s ways of inhabiting in two houses and reflection on integration of the children ‘s voice in legal proceedings). In this presentation, the geography of law and justice sketched out is closely related to individuals, specifically children, and their everyday spatialities.