Locuinţa alternantă. Sau când „interesele superioare ale părinţilor” sunt mascate sub forma interesului superior al copilului. O analiză critică
The alternating home. Or when the “best interests of the parents” are disguised as the best interests of the child. A critical analysis

Summary/Abstract: The paper aims to critically analyze the alternative child’s residence, a legal institution that lately seems to have found an increasing number of supporters in legal doctrine and jurisprudence. In this regard, the first part of the paper, and the most extensive one, analyzes the alternative child’s residence from a legal perspective, underlining that no matter which method of interpretation is used, the institution contravenes domestic law and that the only, although highly unlikely, hypothesis in which it may be considered legal is when it is provided by the international treaties or conventions ratified by Romania, and those apply with priority. In the second part of the paper, the alternative child’s residence is analyzed from the child’s best interest principle perspective, concluding that the two are almost always incompatible and that the alternative residence actually serves the interest of the parents, not of the child.

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