FRANCE Law and Practice Contributed by: Véronique Chauveau, Morghân Peltier, Romane Lemaitre and Agathe Wehbé, Chauveau Mulon & Associés
legal aid lawyer appointed by the President of the Bar, free of charge. 2.3.4 Importance of Keeping Children Together Article 371-5 of the French Civil Code lays down the principle that a child may not be separated from their siblings unless this is impossible or their best interests require another solution. 2.3.5 Loss of Contact France is a signatory to the International Convention on the Rights of the Child, which states that it is in the child’s best interests to maintain a relationship with both parents. The judge will therefore have to consider the ability of the parent who wishes to move to respect the location of the other parent and allow the child to maintain a relationship with the other par - ent. The judge will also have to consider the domestic law of the new state to which the child is moving to know whether the rights of the other parent will be respected. The financial cost of travel for the child(ren) to see the other parent on a regular basis will also be paramount. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? French judges are more likely to favour a professional reason for the move (such as a transfer that the parent has no choice but to accept) than a personal reason (joining family in another country). However, it is also possible to invoke a personal reason if, for example, the parent has no ties with the country from which they wish to move. 2.3.7 Grounds for Opposition to Relocation The principle is not to relocate the child, so there are many grounds for opposition that will be justified by the fact that it is not in the child’s best interests to leave its country of origin. For example: • the child has never lived with the parent who wishes to move; • no stable plan for the child has been presented to the judge; • it is certain that the links between the child and the
• (sometimes) the child is opposed to the move (depending on their age); or • there are siblings remaining in the country of origin. The judge may also take into account the existence of international conventions and/or easy domestication of the French order, to ensure respect of the access rights. 2.3.8 Costs of an Application for Relocation Costs depend on the law firm chosen, whether they charge a fixed fee or an hourly rate, and whether the parent is eligible for legal aid. For appeals, representa - tion is compulsory. 2.3.9 Time Taken by an Application for Relocation Time taken also depends on the court seized and the form of the application. The procedure of bref-délai , which is a fast-track procedure, can be used, but it must be justified by the urgency of the case. The aver - age time for a decision is six months. The standard procedure takes about one year. This does not include any Court of Appeal proceedings if the other parent appeals against the decision. In all cases, it is advisa - ble to prepare the case in advance and take it to court. 2.3.10 Primary Caregivers Versus Left-Behind Parents French courts are impartial and do not discriminate between parents; their decision is based solely on the best interests of the child. 2.4 Relocation Within a Jurisdiction Any change of residence by one of the parents which alters the arrangements for the exercise of parental authority must be notified in advance and with suf - ficient notice to the other parent. In the event of disa - greement, the more diligent parent will refer the matter to the family judge, who will decide in accordance with the best interests of the child. In other words, if one parent is moving nearby and this does not in any way affect the other parent’s rights of access and residence, or even the school, the other parent’s consent is not required. If this is not the case, the other parent must be informed, and any disagree - ment taken to the judge.
other parent will be severed; • there is a language barrier;
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