FRANCE Law and Practice Contributed by: Véronique Chauveau and Morghân Peltier, Chauveau Mulon & Associés
Respect for the Other Parent It is also important for the application to show that the parent can respect the rights of the other par - ent despite the distance. It is possible to offer more extensive visiting and accommodation rights, such as all of certain school holidays, so that the other parent can see as much of their child as possible despite the relocation. Other Information Finally, an applicant should provide any further infor - mation that can reassure the judge that the move is In cases of relocation, the judge will hear the child if the child wishes to be so heard and is capable of discernment. However, the judge will not only take the child’s views into account. It is all about the evidence – hearing the child is part of it, but the other elements are just as important. 2.3.3 Age/Maturity of the Child justified and in the child’s best interests. 2.3.2 Wishes and Feelings of the Child The child has the right to be heard if they so wish. The child must be capable of discernment in accordance with Article 388-1 of the Civil Code. The minor child may benefit, if they wish to, from the assistance of a 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 rights 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 and whether the rights of the other parent will be respect - ed under that law.
ily Affairs judge, who will decide in the best interests of the child. 2.2 Relocation Without Full Consent If the other parent disagrees with the move, the par - ent wishing to move with the child must apply to the Family Affairs Judge for authorisation to change the child’s place of residence. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation Best Interests of the Child The parent must show that it is in the child’s best inter - ests to move or, conversely, if contesting the move, that it is not in the child’s best interests to move to another country. The Family Affairs Judge will decide whether or not to authorise the child to move, based exclusively on the child’s best interests. Reasons for the Move The parent must also justify the reasons for the move (personal or professional), which will be considered by the judge. If it is for professional reasons, the judge will check whether there was an alternative to the trans - fer or whether the job obtained abroad could have been found in France. If it is for personal reasons, one needs to explain the links with the foreign country, for example if it was a joint project to live there, or if there are family links there. If the reasons are purely personal to the parent wish - ing to move and do not justify uprooting the child, the judge will tend to refuse the relocation. The Plan Ideally, the parent should provide evidence of local accommodation, a school for the child and a job to provide stability and financial security for the child. Ideally, they should also be able to show that there will be no language barrier for the child, or that the child is currently following a dual course of study in both French and the language of the country to which it is proposed they move.
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