Question 16428 — family

Summary

Mr. Jocelyn Dessigny draws the attention of the Minister of Regional Planning and Decentralization to the disparities in treatment between families in a situation of alternating residence with regard to the billing of school and extracurricular services. In civil law, alternating residence at the home of each parent, when established by judicial decision or approved parental agreement, confers on both parents the status of legal guardian of the child in equal shares. However, in the current organization of local public services, municipalities remain free to designate a single debtor for billing for the canteen and after-school activities, without obligation to adapt their recovery methods to the legal situation of the child. This results in a significant heterogeneity of practices: certain communities have implemented systems of billing distributed between the two legal guardians, while others apply single billing addressed to a single parent, leaving families to organize themselves. This diversity generates concrete inequalities in treatment between families even though they are placed in legally comparable situations, as well as avoidable practical and financial tensions when parents disagree on the provision of care. responsible for costs. Furthermore, the IT management tools used by communities now make it possible, on a technical level, to consider invoicing distributed between legal guardians when alternating residence is established. However, this option is only implemented unevenly depending on the organizational choices specific to each municipality. Consequently, he asks whether the Government has a statement of locations of municipal practices in terms of billing for after-school services in situations of alternating residence; if circulars or recommendations have been sent to local authorities to harmonize these practices and if the Government plans to clarify the applicable legal framework, by regulatory or legislative means, in order to allow communities which wish to do so to systematically offer a direct distribution of costs between the two legal guardians when alternating residence is legally or conventionally established, with the aim of reducing inequalities of treatment between territories and simplifying the procedures for the families concerned.

Machine translation from French. The official text remains authoritative.

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