Today Law 65/2020 was finally published, which establishes the terms wherein the court can enact the alternate residence of the son in case of divorce, legal separation, declarations of nullity or annulment of the wedding of the parents proceeding, thus, to the change of the article 1906.° of Civil Code.
The alternate residence was already foreseen prior to the present legislative amendment, simply the Law was depend of an eventual parents' agreement and of the availability manifested by each one of them to promote de child's usual relationships with others.
With the new legislative amendment, introduced expressly in paragraph 6 of article 1906.° of Civil Code, "whenever match to the superior interest of the child and considered all the relevant circumstances, the court may determine the child's alternate residence with each parent, regardless the mutual agreement to that effect".
Thus, it appears that the previous need of existence of parentes' agreement, yields under the principle of the alternate residence, if this corresponds to the superior interest of the child.
This legislative change specifies equally that the alternate residence decision is without prejudice to the possibility of fixing maintenance, if the court so decides, taking into account the different parents' condition socio-economic status.
Lastly, the child's hearing was also been stipulated under the terms provided in article 4.° and 5.° of the General Regime of Civil Guardianship Process.
Tânia Gonçalves Leal
Lawyer, Partner (email@example.com)