Criminal law
The firm practises criminal law in Paris, defending both those under investigation and the victims of criminal offences. It handles general criminal law, organized crime, business criminal law and juvenile criminal law, and assists clients at every stage of the proceedings: investigation, police custody, judicial inquiry, hearings before the criminal courts and sentence enforcement. Each matter calls for a precise analysis of the facts, the charges contemplated and the applicable rules of procedure.
Criminal defence: acting at every stage of the proceedings
In criminal matters, an effective defence means identifying the key issues from the very first procedural steps and adapting the strategy to the circumstances of the case.
Police custody and investigation
The firm assists people held in police custody or summoned in the course of a criminal investigation, in particular during interviews and confrontations. It ensures that the rights of the defence are respected and examines the conditions in which the investigative acts were carried out.
Judicial investigation
Where a judicial investigation is opened, the firm acts in particular in questioning, placements under formal investigation, requests for investigative measures and judicial supervision. Analysis of the file makes it possible to assess the evidence for and against and the scope for challenging procedural acts.
Immediate appearance and other criminal procedures
The firm defends people prosecuted before the criminal court, in particular under the immediate-appearance procedure, which can lead to a judgment within a very short time.
It also acts in guilty-plea procedures (CRPC), penal orders and penal composition, taking account of the rules specific to each and of the consequences they may have for the person concerned.
Hearings before the criminal courts
The firm prepares the defence and represents clients before the competent criminal courts, in particular the police court, the criminal court and, depending on the charge and the competent court, the assize court or the departmental criminal court.
Preparing for the hearing involves analysing the file, discussing the legal characterization of the facts, examining the evidence and presenting the arguments for the defence.
Sentence adjustment and enforcement
The firm also acts in sentence-enforcement matters, in particular to examine the scope for adjusting a sentence and to assist the persons concerned in the corresponding procedures.
Procedural nullity: reviewing the regularity of the acts
Criminal defence is not only about disputing the facts alleged. It also requires a rigorous review of the procedure to identify any irregularities that may be raised.
The firm examines, among other things, the conditions of police custody, the conduct of interviews, the investigative acts and respect for the rights of the defence.
Where an irregularity is found, its nature, legal consequences and the conditions in which it may be raised must be assessed. A procedural nullity is not automatic: it depends on the rules applicable to the act concerned and on the circumstances of the case.
This technical analysis is an important strand of the defence in complex criminal matters.
Business criminal law
The firm acts in business criminal law where directors, entrepreneurs, companies or others face an investigation or prosecution connected with their professional activity.
Depending on the facts and the matters actually handled, cases may concern allegations of fraud, breach of trust, misuse of company assets or money laundering, at the investigation, inquiry or trial stage.
The analysis addresses the alleged facts, the constituent elements of the offences contemplated, the evidence and the criminal liability that may be sought.
Organized crime and complex criminal matters
The firm acts in complex criminal proceedings, in particular where the alleged facts arise in a context of organized crime.
Such matters may raise specific questions concerning investigative techniques, the use of evidence, pre-trial detention and the regularity of procedural acts.
The defence involves an in-depth study of the file, an analysis of the charges and an examination of the legal arguments available at each stage.
Juvenile criminal law
The firm assists minors involved in criminal proceedings, and their families, in compliance with the specific rules governing juvenile criminal justice.
It acts in particular in proceedings before the children's judge and the juvenile court, depending on the nature of the case and the competent court.
The defence takes account of the minor's personal situation, the alleged facts, the file and the specific provisions of the Code of Juvenile Criminal Justice.
Defending victims of criminal offences
The firm also assists the victims of criminal offences in defending their interests.
Depending on the situation, this may involve filing a complaint, following the proceedings, joining as a civil party, intervening during the investigation and representation before the trial court.
Where the conditions are met, a victim may seek compensation for their loss within the criminal proceedings. The assessment of loss and the terms of compensation depend on the circumstances and the available supporting evidence.
Frequently asked questions
Do I need a lawyer during police custody?
Anyone held in police custody has the right to request the assistance of a lawyer from the outset of the measure, under the conditions set out in the Code of Criminal Procedure. The lawyer may confer with them and attend interviews and confrontations. If the person does not choose a lawyer, they may ask for a court-appointed lawyer to be designated.
What should I do if I am summoned before the criminal court?
It is advisable to contact a lawyer as soon as you receive the summons, in order to organize the defence, examine the accessible file and identify the questions of fact and law raised. The steps to take depend on the procedure engaged and the hearing date.
What is a procedural nullity in criminal matters?
A procedural nullity is the sanction that may be imposed where a procedural act was carried out in breach of a rule whose violation justifies that sanction. Depending on the case, the annulment may concern a specific act and, under certain conditions, the acts that follow from it. The applicable rules and the way a nullity is raised vary with the procedure.
How can a victim obtain compensation in criminal proceedings?
Depending on the circumstances, a victim may seek compensation by joining the criminal proceedings as a civil party. The terms and timing of that step depend on how far the proceedings have progressed. The claim must be supported by evidence establishing the losses relied on.
International and European criminal law
Are you the subject of an extradition request, a European Arrest Warrant or an INTERPOL red notice? These procedures can have serious consequences for your liberty, your movements and your personal or professional situation. The firm acts in extradition proceedings, in the execution of European Arrest Warrants and in challenges to INTERPOL red notices, defending requested persons at every stage, in France and in matters with an international dimension, as well as in the remedies that may be brought before the competent courts and bodies.
Extradition: challenging surrender to a foreign State
Extradition is a procedure by which one State surrenders a person to another State that is seeking them in order to prosecute or to enforce a sentence, under the applicable rules.
The firm assists people who are the subject of an extradition request at every stage, in particular:
- from arrest and notification of the request;
- in decisions on detention within the extradition procedure or on applicable supervision measures;
- at hearings before the investigating chamber;
- in reviewing the judicial remedies available against decisions taken in the proceedings;
- where the conditions are met, in steps based on the protection of fundamental rights, in particular before the European Court of Human Rights (ECtHR).
The analysis addresses the regularity of the procedure, the legal conditions for extradition and any obstacles to surrender. It may involve examining alleged risks of torture or inhuman or degrading treatment, fair-trial guarantees and detention conditions in the requesting State.
The arguments that may be raised depend on the circumstances of the case, the applicable conventions and the evidence supporting the alleged risks.
European Arrest Warrant: challenging its execution
The European Arrest Warrant (EAW) is a judicial decision issued by an EU Member State for the arrest and surrender of a person by another Member State, for the purposes of prosecution or the enforcement of a custodial sentence or detention order.
Unlike extradition with a third State, the EAW rests on a mechanism of mutual recognition between the judicial authorities of the Member States. It is governed in particular by Council Framework Decision 2002/584/JHA of 13 June 2002, transposed into French law in the Code of Criminal Procedure.
The firm acts in EAW proceedings, in particular where the requested person is arrested in France at the request of another Member State or where a warrant has been issued by the French authorities. This may involve:
- examining the conditions for issuing and executing the warrant;
- assistance when the person is brought before the investigating chamber;
- analysing the procedural guarantees and the rights of the requested person;
- identifying grounds for refusing surrender that may be relied on;
- examining questions raised by EU law and the case-law of the Court of Justice of the European Union (CJEU).
INTERPOL red notice: access, correction or deletion of data
An INTERPOL red notice is an international alert circulated at the request of a member country to locate a wanted person and seek their provisional arrest with a view to extradition, surrender or a similar measure. It is based on an arrest warrant or a judicial decision issued in the requesting State.
A red notice is not, in itself, an international arrest warrant. It does not automatically oblige States to make an arrest: national authorities apply their own law to decide what action to take.
The firm assists people wishing to challenge the processing of their data in INTERPOL's information system, in particular through a request to the Commission for the Control of INTERPOL's Files (CCF). Depending on the situation, the request may seek access to the data, their correction or their deletion. Deletion of a notice or data is not automatic: it depends on the review carried out by the competent body.
International remedies and the protection of fundamental rights
Extradition or surrender proceedings may raise questions about respect for the fundamental rights of the requested person. Depending on the circumstances, the available remedies may require examining the guarantees under the European Convention on Human Rights and the possibilities of recourse before the competent courts.
In exceptional circumstances, where there is an imminent risk of irreparable harm to a right protected by the Convention, a request for an interim measure may be considered before the ECtHR under Rule 39 of its Rules of Court. This urgent procedure is subject to strict conditions and is not an automatic remedy against any extradition.
Recourse before the ECtHR, the CJEU and the UN committees
A decision by a French court does not necessarily exhaust every avenue of recourse. In certain situations, remedies may be considered before the European courts or the UN treaty bodies, in particular where extradition or EAW proceedings raise a question about respect for fundamental rights.
Before the ECtHR, an individual application may be considered subject to the admissibility conditions, in particular the exhaustion of domestic remedies and the four-month time limit from the final relevant domestic decision.
Where a situation raises a question about a Member State's breach of EU law, a complaint may, under certain conditions, be sent to the European Commission, and a question on the interpretation or validity of EU law may be referred to the CJEU by a national court for a preliminary ruling.
Certain UN treaty bodies, in particular the Human Rights Committee and the Committee against Torture, may examine individual communications alleging a violation of the rights guaranteed by the treaties within their competence.
Frequently asked questions
What should I do if I am arrested in connection with an extradition request?
It is important to seek the assistance of a lawyer quickly, given the time limits and the issues at stake in the first steps of the procedure. The lawyer can examine the procedural situation, the decisions taken and the defence arguments that may be raised.
What is the difference between extradition and a European Arrest Warrant?
Extradition is a surrender procedure between States governed by the applicable conventions and rules. The European Arrest Warrant is a surrender mechanism between the judicial authorities of EU Member States, based on mutual recognition and governed by specific rules.
Is an INTERPOL red notice the same as an international arrest warrant?
No. A red notice asks the authorities of member countries to locate a person and seeks their provisional arrest with a view to surrender or extradition. It is not itself an international arrest warrant and its effects depend on the law applicable in each country.
Can an INTERPOL red notice be deleted?
It is possible to submit to INTERPOL's Commission for the Control of Files a request for access to, correction of or deletion of the data. Whether correction or deletion is granted depends on the review of the request and the data's compliance with INTERPOL's rules. The outcome cannot be guaranteed in advance.
Can the ECtHR be seised after a decision of the Court of Cassation or the Council of State?
An application may be considered where the admissibility conditions are met, in particular the exhaustion of the relevant domestic remedies. The time limit is in principle four months from the final domestic decision. An unfavourable decision is not, in itself, enough to establish a violation of the Convention.
Can the ECtHR suspend an extradition?
In exceptional circumstances, the Court may indicate interim measures under Rule 39 of its Rules of Court, in particular where an extradition would expose the person to an imminent risk of irreparable harm to a protected right. Whether such measures are granted depends on a rigorous examination of the circumstances and the material presented.
Can the firm act in an international matter remotely?
The firm can consider ways of acting remotely in matters with an international dimension, subject to the acts to be carried out, the applicable rules of procedure and the necessary arrangements for representation.
International law and human rights
The firm practises public international law, the law of international organizations and the international protection of human rights. It advises clients on complex questions relating to privileges and immunities, the status of international civil servants, relations with international organizations and recourse before the European courts and the UN treaty bodies. Its expertise draws in particular on professional experience within United Nations institutions and the International Criminal Court (ICC).
Privileges and immunities of officials, organizations and diplomats
The firm advises and assists clients on questions of privileges and immunities in international law, in particular where national proceedings, a dispute or an administrative decision raise a difficulty as to their scope or application. This may concern:
- officials and agents of international organizations: the scope of functional immunity, acts performed in the exercise of functions, the procedure for waiving immunity and interactions with national authorities;
- international organizations: immunity from jurisdiction and enforcement, the scope of headquarters agreements, legal status, relations with the host State and the interplay with domestic law;
- diplomats and consular agents: the privileges, immunities and inviolabilities under the Vienna Conventions of 1961 on diplomatic relations and 1963 on consular relations.
These questions can arise where an international official is sued before a national court, where an international organization is taken to court, or where it must be determined whether an immunity bars a national authority from exercising jurisdiction.
The scope of an immunity must be assessed case by case, according to the status of the person or organization and the nature of the acts concerned.
Recourse before the European Court of Human Rights (ECtHR)
The European Court of Human Rights, sitting in Strasbourg, examines applications alleging a violation of the rights guaranteed by the European Convention on Human Rights, subject to the admissibility conditions.
The firm assists clients in analysing the admissibility of an application and in preparing the legal arguments on the alleged violations, which may concern the right to a fair trial, the prohibition of torture and inhuman or degrading treatment, the right to respect for private and family life or freedom of expression.
Bringing a case before the ECtHR is subject to strict conditions, in particular the exhaustion of the relevant domestic remedies and the four-month time limit from the final relevant domestic decision.
EU law: European Commission and CJEU
Where a situation reveals a possible breach of EU law by a Member State, a complaint may be sent to the European Commission. The Commission assesses what action to take and may, if it considers that a breach exists, bring proceedings against the State concerned before the Court of Justice of the European Union.
The firm also examines whether to raise, before a national court, a request for a preliminary ruling on the interpretation or validity of EU law. These mechanisms are not individual remedies equivalent to an appeal against a national decision.
Individual communications before the UN treaty bodies
Certain UN committees, also known as treaty bodies, may examine individual communications alleging a violation of the rights guaranteed by the international treaties within their competence.
The firm assists clients in analysing the possibilities of recourse, in particular before the Human Rights Committee, which oversees the implementation of the International Covenant on Civil and Political Rights, and the Committee against Torture, competent for matters under the Convention against Torture.
In certain urgent situations, it is also possible to request interim or protective measures to prevent irreparable harm while the communication is being examined.
Frequently asked questions
What is the immunity of an international official?
The immunity of an international official is intended to ensure the independent exercise of the functions entrusted by their organization. Its scope depends on the applicable texts, the agent's status and the nature of the acts concerned. It is often functional, but its exact regime must be determined case by case.
Can an international organization be sued before a French court?
Whether proceedings can be brought against an international organization depends on its regime of immunity from jurisdiction, the applicable conventions, its headquarters agreement and the relevant case-law. The existence and scope of an immunity must be examined in the light of the circumstances of the dispute and the procedural guarantees at stake.
When can the European Court of Human Rights be seised?
An individual application must satisfy the admissibility conditions under the European Convention on Human Rights. In principle, the relevant domestic remedies must have been exhausted and the application must be lodged within four months of the final relevant domestic decision.
Can an individual bring a case directly before the Court of Justice of the European Union?
Direct access to the CJEU is limited to the remedies provided by the Treaties and subject to strict conditions. Depending on the situation, a national court may refer a question for a preliminary ruling, or a complaint may be sent to the European Commission regarding an alleged breach of EU law by a Member State.
Can a UN committee be seised against France?
An individual communication may be considered against France before a treaty body competent to examine the complaint, subject to the admissibility conditions under the relevant treaty and procedure.
International civil service law
Are you an international civil servant or the staff member of an international organization challenging a decision about your career, pay, contract or administrative situation? Are you facing an internal investigation, disciplinary proceedings or dismissal? International civil service law has its own rules, distinct from national labour law. Her experience within the Office of Legal Affairs of the United Nations in New York and at UNESCO allows Ms Martin to grasp the legal and institutional features of these disputes.
Defending international civil servants before the UN tribunals
A lawyer in Paris, Ms Martin assists serving and former United Nations staff in disputes with their organization. Her work focuses in particular on applications to the United Nations Dispute Tribunal (UNDT) and appeals to the United Nations Appeals Tribunal (UNAT).
She acts in matters relating to careers, performance appraisal, individual administrative decisions, disciplinary proceedings, internal investigations and separation from service, within the limits of her field of practice.
Applications to the UNDT
The UNDT examines, at first instance, certain disputes between serving or former staff and the United Nations, in accordance with its statute and the applicable rules.
Analysis of the file addresses the contested decision, any required internal remedies, the applicable time limits, the available evidence and the legal arguments that may be raised. Particular attention must be paid to admissibility conditions and time limits, which vary with the nature of the decision and the procedure concerned.
Appeals to the UNAT
The UNAT hears appeals against certain decisions of the UNDT, under the applicable texts. The appeal procedure has its own rules, in particular as regards the grounds that may be raised and the time limits for filing.
Examining a possible appeal therefore requires a prior analysis of the decision, its notification, the available legal arguments and the applicable procedural requirements.
An approach tailored to international civil service disputes
Administrative disputes within the United Nations arise in a specific legal and procedural framework. The strategy to adopt depends on the nature of the dispute, the history of the steps taken with the administration and the rules applicable to the procedure contemplated.
Each situation calls for an individual analysis to identify the relevant legal options and the procedural constraints to take into account. Communications and case follow-up can be arranged remotely, including where the staff member is posted abroad.
Frequently asked questions
What is the role of the United Nations Dispute Tribunal (UNDT)?
The UNDT examines, at first instance, certain disputes between the United Nations and its serving or former staff. It rules within its competence and in accordance with the rules governing the United Nations internal justice system.
What is the role of the United Nations Appeals Tribunal (UNAT)?
The UNAT examines appeals against certain decisions of the UNDT, and the other matters within its competence under the applicable texts. The admissibility of an appeal and the grounds that may be raised depend on the contested decision and the applicable procedural rules.
What types of dispute can be brought before the UNDT?
Disputes may concern administrative decisions relating to career, conditions of employment, benefits, disciplinary measures or separation from service. The Tribunal's competence nonetheless depends on the nature of the dispute, the organization concerned and the conditions set out in the applicable texts.
Can a United Nations administrative decision be challenged?
Yes, certain administrative decisions may be challenged through the remedies provided by the United Nations internal justice system. Depending on the decision, a prior internal challenge may be required before seising the UNDT. It is important to identify the appropriate remedy and to check the time limits as soon as the decision is notified.
What are the time limits for seising the UNDT or appealing to the UNAT?
Time limits depend on the procedure concerned, the contested decision and the applicable rules. Certain remedies are subject to specific time limits, in particular for the management evaluation request and for seising the UNDT or appealing to the UNAT. These must be checked quickly: missing them may jeopardise the admissibility of the action.
Is an internal procedure required before seising the UNDT?
In many situations, a management evaluation request must be submitted before seising the UNDT. There are, however, specific rules and exceptions depending on the type of decision and the applicable procedure. The prerequisites specific to the matter should therefore be checked.
Can every UNDT decision be appealed to the UNAT?
No. Appeals are subject to the admissibility conditions and grounds set out in the UNAT statute and the applicable rules. An analysis of the decision and its reasons is needed to determine whether an appeal can be considered and on what legal grounds.
Law of international organizations
Are you a State, a delegation, a permanent mission, a non-governmental organization, a foundation or a company that needs to negotiate an agreement with an international organization, analyse its privileges and immunities or structure an institutional relationship? The law of international organizations has features tied to their status, their constituent instruments, their internal rules and the agreements that frame their relations with States and other partners. The firm draws on direct institutional experience gained from within UNESCO.
Negotiating and drafting agreements with international organizations
Agreements with an international organization may concern institutional cooperation, funding, programme implementation, establishing a presence in a State or creating a partnership. Their legal nature and applicable regime depend on the parties, the subject matter and the relevant instruments. The services may include:
- legal analysis of draft agreements: identifying the obligations, risks and points requiring clarification;
- drafting and revising clauses: proposals and counter-proposals tailored to the client's objectives;
- support during negotiations: preparing legal positions and examining the amendments proposed by the other parties;
- interpretation and implementation of agreements: analysing contractual or institutional obligations and the difficulties that may arise during performance.
Particular attention may be paid to the applicable law, liability, privileges and immunities, intellectual property, the duration and termination of the agreement and dispute-settlement mechanisms.
Privileges and immunities of international organizations
The privileges and immunities of international organizations are intended, in particular, to allow them to carry out their functions independently. Their existence, scope and effects depend on the applicable texts, in particular international conventions, headquarters agreements and other relevant instruments. The firm can act on the following questions:
- status and legal personality: analysis of the organization's status and legal capacity;
- immunity from jurisdiction and enforcement: examining the applicable texts and the scope of immunities in a given situation;
- status of agents and partners: analysing the relevant legal regime, subject to the rules applicable to each category of persons;
- institutional rules and procedures: examining internal regulations, financial rules and policies where relevant to the matter;
- dispute settlement: analysing the available mechanisms, in particular negotiation, mediation or arbitration, taking account of the applicable clauses and any immunities.
The analysis must be carried out case by case: immunities are not the same as a general absence of liability, and their effects cannot be determined without examining the legal framework concerned.
UNESCO category 1 and 2 institutes and centres
Category 1 institutes and centres are an integral part of UNESCO in institutional and legal terms. Category 2 institutes and centres, placed under the auspices of UNESCO, are separate institutions associated with it through formal agreements. They retain their own legal personality and autonomy within the framework set out in the applicable texts.
The firm offers legal support to States and institutions wishing to study a project linked to these arrangements, understand the applicable conditions or prepare the necessary legal documents. This may involve:
- legal and institutional analysis of the project: examining its objectives, legal framework and fit with the arrangement contemplated;
- study of the applicable criteria and procedures: identifying the relevant conditions, institutional steps and documents to prepare;
- preparing the legal documents: analysing and drafting draft statutes, agreements or other instruments, as the project requires;
- examining the agreements with UNESCO and the States concerned: analysing the obligations, governance, funding and responsibilities of the parties;
- following up institutional obligations: examining the requirements applicable to the centre's operation and, where relevant, to the renewal of its agreement.
Legal support aims to clarify the applicable framework, prepare the project and identify the legal issues. The decision to designate or approve rests exclusively with the competent authorities and bodies of UNESCO.
Direct institutional experience within UNESCO
Ms Martin served at UNESCO's Office of International Standards and Legal Affairs, where she took part in negotiating agreements with member States, international organizations, non-governmental organizations and private entities. This institutional experience allows her to approach these questions with an awareness of the legal constraints and practices specific to international organizations.
Frequently asked questions
What is an agreement with an international organization?
An agreement with an international organization formalizes commitments between the parties within a defined legal framework. It may concern cooperation, funding, the implementation of a programme or the establishment of institutional relations. The applicable law and the effects of the agreement must be examined in the light of its nature, its parties and the relevant instruments.
Why instruct a lawyer to negotiate an agreement with the UN or UNESCO?
Legal analysis of an agreement makes it possible to identify the parties' obligations, the risks tied to the proposed clauses and the questions that call for negotiation. Organizations often use model agreements and standard clauses that are hard to change; a lawyer familiar with their practices identifies the negotiable clauses, the risks and realistic counter-proposals.
Can an international organization be sued before a national court?
Whether proceedings can be brought against an international organization depends on the immunities it enjoys, the applicable texts and the circumstances of the case. The existence and scope of an immunity must be examined case by case. A distinction must also be drawn between immunity from jurisdiction and questions relating to alternative dispute-settlement mechanisms.
What is the difference between a UNESCO category 1 and a category 2 institute or centre?
Category 1 institutes and centres are an integral part of UNESCO in institutional and legal terms. Category 2 institutes and centres are separate institutions, associated with UNESCO through formal agreements and placed under its auspices. Their legal status, governance and relations with the Organization are therefore different.
How is a UNESCO category 2 centre project prepared?
Preparing a project involves examining the institution's eligibility, its objectives, its legal existence, its governance, its resources and its contribution to UNESCO's priorities. The process may include a feasibility study, the preparation of agreements and examination of the project by the Organization's competent bodies. The exact conditions must be checked against the rules in force.
Can a lawyer guarantee designation as a category 2 centre?
No. A lawyer can provide legal support in preparing the project, analysing the applicable criteria, drafting the documents and examining the agreements contemplated. Designation remains an institutional decision for UNESCO's competent bodies. No legal intervention can guarantee approval of the project.
Does the firm advise States, NGOs, foundations and companies?
Yes. The firm can act for institutional and private clients on questions within its field of practice, in particular on international agreements and legal relations with international organizations. The scope of the work is defined according to the matter and the client's needs.
French and international family law
A separation, a contentious divorce, violence within the couple or the removal of a child abroad can raise urgent and complex legal questions. Where several countries are involved, it is also necessary to determine which courts have jurisdiction, the applicable law and the steps to take. A lawyer in Paris, Ms Martin assists individuals in French and international family law, in particular in divorce proceedings, disputes concerning children, applications for protection orders and situations of international child abduction.
Divorce and separation: procedures, children and financial consequences
Divorce proceedings involve decisions that can have lasting consequences for the spouses' personal, family and financial situation. In France, the main forms of divorce are divorce by mutual consent, accepted divorce, divorce for irretrievable breakdown and divorce for fault. The firm assists you in particular to:
- choose the divorce procedure suited to your situation and to any disagreements;
- organize the children's lives: parental authority, habitual residence, contact and accommodation rights, contribution to their maintenance and education;
- determine the financial consequences of the divorce: compensatory allowance, maintenance and the allocation of expenses;
- address property matters: matrimonial regime, liquidation of property interests and allocation of the family home;
- request interim measures to organize the family and financial situation temporarily during the proceedings.
International divorce: different nationalities, residence abroad and foreign decisions
An international divorce may involve spouses of different nationalities, a couple living in separate countries, a marriage celebrated abroad or a family whose children live in another State. These situations raise several questions: which court may be seised, which law applies and under what conditions a foreign decision can be recognized or enforced in France? The firm can assist you with:
- the international jurisdiction of the court and the risks tied to proceedings in several countries;
- the law applicable to the divorce, in particular the European regulations where their conditions are met;
- the matrimonial regime and maintenance obligations under private international law;
- the recognition in France of family decisions given abroad;
- the children's residence and the legal consequences of a proposed international relocation.
Parental authority after a separation
The separation of the parents does not automatically end the joint exercise of parental authority. In principle, both parents continue to take the important decisions concerning their child together, even where the child lives mainly with one of them.
The exclusive exercise of parental authority is not automatic in the event of conflict: it is for the judge to assess the situation in the light of the circumstances and the child's best interests.
The child's residence: alternating or habitual residence
After a separation, the child's residence may be set in alternation at each parent's home or on a habitual basis with one of them, with contact and accommodation arrangements for the other parent. Alternating residence is neither automatic nor ruled out where the parents disagree: the decision depends on the family situation and the child's best interests.
The factors examined include the child's age and needs, each parent's availability, the stability of the living arrangements, the distance between homes, proximity to school and, where the child is capable of discernment, the wishes they express.
Contact and accommodation rights
Where the child's habitual residence is set with one parent, the arrangements for their relationship with the other parent must be organized. They may be agreed between the parents or set by the family-affairs judge and cover weekends, school holidays, public holidays and the arrangements for handing over the child.
The firm acts in particular to define or modify a contact schedule, adapt it to work constraints or distance, seek where justified contact in a supervised meeting place, and respond where the arrangements are not respected. Failure to comply with a decision on presenting the child may, depending on the circumstances, amount to the offence of failure to hand over a child.
Child maintenance: setting, revision and arrears
Each parent contributes to the maintenance and education of their child according to their resources, those of the other parent and the child's needs. This obligation continues after separation and does not automatically end at the age of majority if the conditions justifying it are met.
The firm can assist you to set maintenance by agreement or before the judge, seek its revision where there is a new factor (change in income, loss of employment, change of residence, change in the child's needs), organize the allocation of expenses, respond to unpaid maintenance and examine maintenance obligations in an international context.
Setting arrangements for children: parental agreement or the family-affairs judge
Parents can seek an agreement on parental authority, the child's residence, contact and the financial contribution, and set it out in a parenting agreement that may, in some cases, be submitted for judicial approval. If no agreement is possible, the family-affairs judge may be seised.
Where circumstances allow, family mediation can help parents reach an agreement. It is not, however, suitable for every situation and must be approached with caution where there is violence or coercive control. The firm assists you in preparing the file, framing the requests and representation before the judge.
International family law: parents living in different countries
Where the parents live in different countries, where a child lives abroad or where a parent plans to move out of France, questions of parental authority and the child's residence may fall under private international law. It is necessary to determine which court has jurisdiction, which rules apply and the conditions for recognizing or enforcing a decision in another country.
Depending on the States concerned, the European Brussels II ter Regulation, the 1996 Hague Convention on the protection of children and the instruments on maintenance obligations may be relevant. An international relocation should not be treated as a mere logistical matter: each parent's rights, the decisions already made and the applicable rules must be examined before any steps are taken.
Protection order: acting against domestic violence
A protection order is an urgent civil measure that the family-affairs judge can issue where there are serious reasons to regard the alleged violence and the danger to the victim or their children as likely. It may concern physical, psychological, sexual or economic violence, whether the persons are married, in a civil partnership or cohabiting. A prior criminal complaint is not required.
Depending on the situation, the judge may prohibit any contact with the protected person, rule on the allocation of the family home, organize parental authority and contact, take measures relating to weapons and the concealment of the address and, where the conditions are met, order an electronic anti-approach device. The judge rules in principle within a maximum of six days from the date set for the hearing.
In the event of immediate danger: call 17 or 112. If you cannot speak, contact the emergency services by text at 114. In France, 3919 is a listening and guidance line for women victims of violence; it does not replace the emergency services.
International child abduction: wrongful removal or retention
Where a parent takes a child to another country or fails to return the child after a stay, without respecting the other parent's rights, the situation may amount to the wrongful removal or retention of a child. Depending on the States concerned, a return procedure may be brought under the Hague Convention of 25 October 1980, supplemented within the European Union by the Brussels II ter Regulation.
These procedures are intended to determine whether the conditions for the child's return are met; they do not, on their own, settle all questions of parental authority or final residence. Return procedures are subject to requirements of urgency: it is important to have the situation examined quickly in order to identify the available remedies, whether you have been deprived of your child or are accused of a wrongful removal.
Frequently asked questions
How do I apply for a protection order in France?
The application is made to the family-affairs judge under the procedure set out in law. There is no need to have filed a complaint first. The file must set out the alleged violence, the danger relied on and the evidence supporting them. The measures requested must be suited to the situation.
How long does it take to obtain a protection order?
The family-affairs judge rules in principle within a maximum of six days from the date set for the hearing. In situations of serious and immediate danger, an immediate provisional protection order may be requested under the conditions set out in law; the judge must then rule within a specific 24-hour time limit from being seised.
Do I need to file a complaint to obtain a protection order?
No. A prior criminal complaint is not required to apply for a protection order. The civil protection procedure and the criminal procedure are distinct, even though some evidence may be useful in both.
Can a protection order be requested without being married?
Yes. The measure may concern people who are married, in a civil partnership or cohabiting, as well as former spouses, partners or cohabitants, subject to the applicable legal conditions.
What are the different types of divorce in France?
The main forms are divorce by mutual consent, accepted divorce, divorce for irretrievable breakdown and divorce for fault. The choice depends on the spouses' situation, their agreement on the principle of divorce and any disagreements about its consequences.
Who gets custody of the children in a divorce?
French law no longer refers to “custody” but to parental authority and the child's residence. Parental authority in principle remains joint, and residence is set with one parent or in alternation, according to the child's best interests.
Is alternating residence automatic?
No. Alternating residence is not automatic. It may be arranged by agreement or ordered by the judge where this solution fits the child's situation. The judge examines the concrete circumstances, in particular the child's needs, the living arrangements and the parents' ability to organize daily life.
How is child maintenance calculated?
It depends on each parent's resources and expenses, the child's needs and the residence arrangements. The judge often relies on an indicative scale, which is not, however, binding. It is in principle payable until the child is financially independent, which may be beyond the age of majority.
What can I do if the other parent does not respect the contact rights or the judge's decision?
Keep the relevant evidence, examine the applicable decision or agreement and assess the possible steps. Depending on the circumstances, the judge may be seised again or other steps may be considered. A refusal to hand over a child may, where the legal conditions are met, amount to a criminal offence.
Can a parent move abroad with their child without the other parent's agreement?
The answer depends on the exercise of parental authority, the decisions already made and the circumstances of the move. A change of residence that affects the exercise of parental authority must be examined in the light of the legal obligations and the family situation. In the event of disagreement, it may be necessary to seise the judge before leaving.
My partner has gone abroad with our child: what should I do?
The situation should be examined quickly, in particular parental rights, the child's habitual residence, the existing decisions and the country where the child is. A return request may be possible under the applicable international instruments. The steps may involve the competent central authority and the courts concerned.
Can a foreign decision concerning a child be recognized in France?
That depends on the country of origin of the decision, its nature and the applicable international or European instruments. An analysis of the judgment and the situation makes it possible to determine the conditions for recognition or enforcement in France.
