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.