Reflexões sobre o bird's nest arrangement como alternativa à residência alternada em caso de divórcio

Abstract

This dissertation analyses the Bird’s Nest Arrangement as an alternative model for determining a child’s residence after parental separation. This arrangement allows the child to remain in the family home while parents take turns residing there, promoting emotional stability. The research combines a theoretical and empirical analysis to assess the feasibility of this model in Portugal. The theoretical review shows that, although not explicitly provided for in Portuguese legislation, it could fit within the existing legal framework. Public surveys indicate that while this model is perceived as beneficial for children, there is scepticism about its practical application due to financial and emotional challenges. The interview with a magistrate confirms that the Bird’s Nest Arrangement is not currently applied in Portuguese judicial practice, with more traditional custody models being preferred. The study concludes that, although this model has potential, its implementation is limited by the lack of legal precedents, logistical challenges, and the need for strong parental cooperation. The research highlights the need for a broader legal and social debate on more flexible approaches to parental responsibility regulation, always ensuring the best interests of the child.

Date of Award	24 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)