Separated Parents and Liability for Damage Caused by a Child of Both Parents

Article 1242, paragraph 4, of the Civil Code provides:

"The father and mother, in their capacity as holders of parental authority, are jointly and severally liable for damage caused by their minor children residing with them."

In the event of parental separation, the Court of Cassation previously held that only the parent with whom the child habitually resided was liable, even where the other parent, having visitation and accommodation rights, exercised joint parental authority.

Accordingly, only the parent with whom the child habitually resided could be ordered to pay compensation for damage caused by the minor child.

However, the Plenary Assembly of the Court of Cassation overturned this precedent on 28 June 2024, ruling that, where separated parents exercise joint parental authority over their minor child, both parents are jointly and severally liable for any damage caused by the child.

Consequently, a parent who holds parental authority but only possesses visitation and accommodation rights may now be held civilly liable for damage caused by their child.

This decision reflects a broader evolution in family law, moving away from traditional family structures and recognizing other forms of parenting arrangements, such as co-parenting.