FRANCE Law and Practice Contributed by: Véronique Chauveau and Morghân Peltier, Chauveau Mulon & Associés
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 starting 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 their 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 other parent will be severed; • there is a language barrier; • (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 recognition and enforcement of any French court orders, 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 of the matter 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 average 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 advisable 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 that 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 Affairs judge, who will decide in accord - ance 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 where the child goes to school, the other parent’s consent is not required. If this is not the case, the other parent must be informed, and any disagreement taken to the judge. In France, it is illegal to remove a child from the French jurisdiction without the consent of the parents or, where appropriate, an order from the judge. 3.2 Steps Taken to Return Abducted Children In civil cases, the matter can be referred to the central authority of the Ministry of Justice (DEDIPE), which deals with child abduction abroad and is designat - ed by the 1980 Hague Convention. If the country to which the child has been abducted is not a signatory to the 1980 Hague Convention, either this authority or the Ministry of Foreign Affairs will deal with the case, depending on the country of refuge. Next, as directed by the central authority, the left- behind parent will need to submit a request for the child to be returned to their country of origin. A law - 3. Child Abduction 3.1 Legality
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